BYLAWS OF [NAME OF SCHOOL] SCHOOL [NAME OF BOOSTER CLUB] BOOSTER CLUB
ARTICLE I. NAME
The name of this Corporation is the [NAME OF BOOSTER CLUB] Booster Club of the Rockwood School District (hereinafter "[NAME OF BOOSTER CLUB] Booster Club" or "Corporation"). It is a local independent unit created by the parents, staff and supporters of the [NAME OF SCHOOL] School [NAME OF BOOSTER CLUB] Program, having no affiliation with any other association, be it state or national in origin.
ARTICLE II. MISSOURI NONPROFIT CORPORATION
[NAME OF BOOSTER CLUB] Booster Club is a Missouri Nonprofit Corporation.
ARTICLE III. PURPOSE/OBJECTIVES
This Corporation is organized exclusively for the following charitable, educational, or scientific purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code:
To support the [NAME OF SCHOOL] School in improving student interest in the [NAME OF BOOSTER CLUB] Program and leadership in ways that will adhere to administrative policy and the Rockwood School District's mission, goals, and beliefs.
To raise funds for programs and equipment to further the [NAME OF SCHOOL] School [NAME OF BOOSTER CLUB] Program.
To promote positive and active moral support and assistance for the benefit of the [NAME OF BOOSTER CLUB] Program of [NAME OF SCHOOL] School.
To organize parent volunteers for the [NAME OF BOOSTER CLUB] Program, plan social activities related to the [NAME OF BOOSTER CLUB] Program, and do all other activities necessary and desirable consistent with these purposes.
ARTICLE IV. POLICIES
Section 1. No substantial part of the activities of the Corporation shall be the carrying on of propaganda or otherwise attempting to influence legislation and the Corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of any candidate for public office.
Section 2. This Corporation shall be non-commercial, non-sectarian, and non-partisan. No commercial enterprise or candidate shall be endorsed by it. The name of the Corporation and names of its officers in their official capacities shall not be used in connection with a commercial concern or with any partisan interest for any other purpose than the regular work of the Corporation.
Section 3. This Corporation shall not seek to direct the administrative activities of the school or its [NAME OF BOOSTER CLUB] Program, or to control its policies.
Section 4. The Corporation shall be supportive of school educational efforts and student needs in the Program. The Corporation shall conduct all operations in such a way as to reflect positively upon the school and the Rockwood School District.
Section 5. In no way shall one member, officer, or committee chairperson make policy, program, or expenditure decisions, or bind the Corporation in any way, absent the consent of at least the Executive Board. When representing the Corporation, any member, officer, or committee chairperson shall be aware of the authority extended by the Corporation and shall not exceed such authority.
Section 6. This Corporation may cooperate with other organizations and agencies active in child welfare, such as parent teacher organizations, provided they make no commitments that bind the Corporation.
Section 7. The Corporation shall act in accordance with all Rockwood School District Board of Education Policies and Regulations, which are incorporated herein by reference, including but not limited to Policies 1495, 2950 and 3370 and Regulations 2950 and 3370 pertaining to fundraising activities, as amended. No fundraising activity of the Corporation shall financially benefit a Booster Club member, faculty member, student or parent without prior Executive Board approval.
Section 8. No part of the net earnings of this Corporation shall inure to the benefit of, or be distributable to, its members, trustees, officers or other private persons except that the Corporation shall be authorized and empowered to pay reasonable compensation for services rendered. Services provided by members and officers are voluntary and will not be compensated, unless specifically authorized by the Executive Board prior to completion of such services.
Section 9. Any notice required or permitted to be given to members may be given by written notice (including distribution of flyers and posting notices through the school), by telephone, by facsimile, by electronic mail, or by any combination thereof, or by any other method reasonably designed to reach the members.
Section 10. Notwithstanding any other provisions of these articles, the Corporation shall not carry on any other activities not permitted to be carried on: (a) by an organization exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law); or (b) by an Association, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law)
Section 11. Upon dissolution of the Corporation, the Corporation shall, after paying or making provisions for the payment of all the liabilities of the Corporation, dispose of all the assets of the Corporation by distributing the same to the Principal of [NAME OF SCHOOL] School. Said Principal shall, upon the advice of the [NAME OF SCHOOL] School coaches, teachers and administration, supervise the expenditure of said assets for materials and equipment for the [NAME OF SCHOOL] School [NAME OF BOOSTER CLUB] Program. In the event that this is not possible, said assets shall be distributed to organizations as shall at the time qualify under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law), as the Corporation's Executive Board shall determine, with preference to be given to similar programs of the Rockwood School District. Any assets not so disposed of shall be disposed of by the Court in the county of the principal office of the Corporation.
ARTICLE V. MEMBERSHIP AND DUES
Section 1. Any parent or guardian of a current or former student of [NAME OF SCHOOL] School [and any teacher OR staff member] interested in the objectives of the Corporation and willing to uphold its policies and subscribe to its Bylaws may become a member. [Any certified staff member of the School may be a non-voting member of the Corporation. Staff members are not required to pay membership dues, if any.] Membership in the Corporation shall be available without regard to race, color, creed, or national origin.
Section 2. The Executive Board shall determine the amount, time, and manner of payment of the membership dues, if any, from time to time. If assessed, each member shall pay the annual membership dues; however, no household shall be assessed for more than one annual payment of membership dues.
Section 3. The Corporation shall conduct an annual enrollment of its members, but persons may be admitted to membership at any time during the year as defined above.
Section 4. The privileges of membership shall be the right to hold office or appointed position, make motions, chair a committee, and vote. Only those members current in payment of membership dues, if any, are eligible to vote or to serve as an officer or representative of the Corporation. Non-members are welcome to attend meetings and may ask questions and participate in discussions as recognized by the President.
ARTICLE VI. EXECUTIVE BOARD
Section 1. The Executive Board shall consist of the officers of the Corporation, and the Principal of the School or his or her designated representative. Chairpersons of the standing committees and of then active special committees may be invited to attend Executive Board Meetings that pertain to their committee.
Section 2. The Executive Board shall have general charge and control of the affairs, funds, and properties of the Corporation and shall maintain records of such in a central location, including current and prior budgets, check registers, governmental forms, committee reports, contracts and correspondence.
Section 3. The duties of the Executive Board shall be as follows: to transact necessary business in the intervals between Corporation meetings; to approve chairpersons of standing committees and approve the plans of the standing committees; to interpret the bylaws, policies, and standing rules of the Corporation; to present a report at the general membership (open) meetings of the Corporation; to prepare a budget for the upcoming fiscal year; to approve routine bills within the limits of the budget; to appoint the nominating committee; to appoint a committee to review Bylaws as needed; to appoint a committee of not less than two members, or an independent auditor or CPA, at least two weeks before the Annual Meeting to audit the treasurer's accounts; and to make budget adjustments as necessary, provided they do not individually exceed $500.00. Any individual budget adjustment over $500.00 requires the approval of the general membership.
Section 4. [The President of the Executive Board shall have the right to vote only in the case of a tie vote. All other members shall each have one vote.] OR [Every member of the Executive Board shall be entitled to one vote.]
Section 5. Each standing committee chairperson shall present the committee's plans to the Executive Board prior to execution of the same. Any expenditure for such plans should be presented to the Executive Board for advance approval.
Section 6. Regular meetings of the Executive Board shall be held during the school year, as stated in the Standing Rules. The time, place and regularity of such meetings are to be fixed by the Executive Board at its first meeting of the year.
Section 7. Special meetings of the Executive Board may be called by the President, or by a majority of the members of the Executive Board upon at least two days notice.
Section 8. All officers are required to attend all scheduled Corporation meetings and are expected to attend a majority of Corporation-sponsored events.
Section 9. On or before the first board meeting of the year, each officer shall be assigned to serve as a liaison and shall provide assistance to the identified standing or special committee chairs.
Section 10. A majority of the members of the Executive Board must be present at the Executive Board meeting in order to conduct business. Unless otherwise provided herein, a simple majority of those present and voting shall be required for the passage of any motion, resolution, or other vote.
ARTICLE VII. OFFICERS AND THEIR ELECTION
Section 1. The officers of this Corporation shall include, at a minimum, a President, a Vice-President, a Secretary, and a Treasurer. Any office may be held by two persons so designated by the prefix "co-". These officers shall be elected annually by ballot at the regularly scheduled Spring general membership meeting by a majority vote of the membership present at that meeting. If the Executive Board includes a President-Elect, the office of President shall be filled by the prior President-Elect. Ballots should be counted by [NAME OF PERSON OR a committee of three persons to be appointed as provided in the Standing Rules.] If there is but one candidate for any office, the election for such office(s) may be by voice or show of hands.
Section 2. Officers shall assume their official duties at [DATE OR the close of the final meeting of the school year] and shall serve for a term of one year or until their successors are elected and installed. No person shall serve more than two consecutive terms in the same office, and no person shall serve consecutive terms in the office of President. Additional officers will be chosen according to the needs of the Corporation and upon the approval of the Executive Board.
Section 3. Nomination of officers shall be made by [NAME OF PERSON] OR a nominating committee comprised of three members of the executive board and the principal. The committee shall select its own chairperson. The nominating committee shall place in nomination at least one name for each office and present this slate via publication issued to the entire general membership at least four weeks prior to the spring election meeting. Independent nominations, with the consent of the nominee, may be made in writing by at least five voting members, and must be received by the nominating committee at least two weeks prior to the spring election meeting. The membership must be notified of the amended slate at least one week prior to the spring election meeting. There shall be no nominations from the floor.
Section 4. Officers must be parents or guardians of students currently in the [NAME OF BOOSTER CLUB] Program.
Section 5. A vacancy occurring in an office shall be filled by a majority vote of the Executive Board at their next regular meeting. [OR In filling vacancies, names, not to exceed three, shall be proposed by the Executive Board and additional names may be proposed from the floor. The election shall be by ballot. However, if there is only one candidate for an office, the election may be by voice or show of hands.]
Section 6. Any officer absent from three consecutive meetings, i.e., Executive Board and Corporation meetings, shall be deemed inactive unless absences are due to extenuating circumstances and the Executive Board receives notification of such. Any office having an inactive officer shall be declared vacant and shall be filled as provided herein. In addition, an officer failing to adequately participate or fulfill duties of the office may be subject to removal from office by decision of [two-thirds of the Executive Board OR vote of a majority or two-thirds of the members present at the next regular meeting]. Such officer is entitled to a written notification from the President or the Principal at least two weeks prior to the vote regarding removal.
ARTICLE VIII. DUTIES OF OFFICERS
Section 1. The President (or Co-Presidents) shall:
- preside at all meetings of the Corporation and of the Executive Board;
- be a member ex officio of all committees except the Nominating Committee;
- be authorized to appoint any special committee necessary to conduct the work required for the annual report;
- maintain the right to table discussions or voting, at his/her discretion, for such reasons as new agenda items, time constraints, or items that require additional information;
- work with the Secretary to prepare the agenda for each meeting;
- be an authorized cosignatory for all accounts of the Corporation;
- work with the school principal on designated duties and tasks;
- attend District-wide meetings for booster clubs;
- delegate the duties of any position that remains vacant; and
- perform all other duties usually pertaining to the office.
Section 2. The President-Elect, if any, shall:
- attend District-wide meetings of booster clubs, if any;
- be an authorized cosignatory for all accounts of the Corporation;
- perform other duties as may be assigned to him/her by the Corporation or Executive Board;
- assist the President and perform such duties that the President may delegate; and
- perform the duties of the President in the President's absence.
Section 3. The Vice-President(s) shall:
- aid the President(s) and President-Elect;
- perform the duties of the President and President-Elect in the absence of both officers;
- oversee and serve as a resource for specific committees (to be determined at the Executive Board meeting immediately preceding the beginning of the school year); and
- perform the duties of the Secretary or Secretaries in their absence.
Section 4. The Secretary (or Secretaries) shall:
- record the minutes of all meetings of the Corporation and of the Executive Board;
- be responsible for all incoming and outgoing correspondence for the Corporation;
- report on all relevant correspondence at each Executive Board meeting;
- aid the President(s) in preparing the agenda for all meetings;
- make copies of the minutes of the prior meeting available to all members of the Executive Board before each meeting;
- publish the Corporation newsletter (if any); and
- maintain a current copy of the Bylaws and Standing Rules, if any, as well as the records of all meeting minutes, a list of all committees and their members, and a list of the current members of the Corporation.
Section 5. The Treasurer(s) shall:
- receive all monies of the Corporation;
- keep an accurate record of receipts and expenditures and disburse funds as budgeted or approved by the Executive Board;
- be responsible for the maintenance of the bank account and records of the Corporation;
- be responsible for the filing of any necessary financial and tax forms with the appropriate governmental authorities;
- be responsible for the maintenance of all financial records of the Corporation;
- comply with the statutory requirements and Rockwood School District Board of Education Policies and Regulations, including those provided in the Student Activity Funds Procedures Manual established by the Rockwood School District Board of Education;
- turn the financial books of the Corporation for examination over to an Audit Committee of not less than two members or an independent auditor appointed by the Executive Board at the end of the school year for examination;
- present a statement of account at every meeting of the Corporation and any other times as requested by the Executive Board; and
- maintain a file of the budget reports presented at Corporation meetings.
Section 6. The Treasurer's accounts shall be examined annually by an Audit Committee of not less than two members or an independent auditor appointed by the Executive Board no later than July 10 of every year. The Committee or independent auditor shall review financial records for discrepancies and recommendations and prepare an annual report. The annual report shall be presented to the [NAME OF PERSON OR GROUP] at the regularly scheduled meeting in [NAME OF MONTH]. The Annual Report shall be signed by the Audit Committee or individual auditor. It shall be the responsibility of the Executive Board to resolve any issues or recommendations set forth in the report.
Section 7. [All checks written must contain two authorized signatures to be considered valid.] OR [A check will be considered valid with one authorized signature if that signature is not the individual charged with receiving the bank statements and reconciling the accounts.]
Section 8. The Treasurer [AND President] shall be bonded annually.
Section 9. All officers shall perform the duties outlined in these Bylaws and those assigned from time to time. Failure to assume these responsibilities may result in removal as provided herein.
Section 10. Upon the removal or resignation of any officer, such officer shall turn over to the President or Executive Board, without delay, all records, books, and other materials pertaining to the office, and shall return to the Treasurer or the Executive Board, without delay, all funds pertaining to the office. Furthermore, upon expiration of their terms, all officers shall deliver all official materials related to their office to their successors.
ARTICLE IX. STANDING COMMITTEES
Section 1. Standing committees are committees with on-going functions that continue throughout the year. The chairperson of each committee shall serve for a one year term. The incoming President, with the approval of the incoming Executive Board, shall appoint chairpersons of the standing committees after the spring election.
Section 2. The chairpersons of all standing committees shall mutually plan activities with the Executive Board, and no committee work shall be undertaken without the approval of the Executive Board.
Section 3. The Executive Board may create special committees as needed to promote the purposes and interests of the Corporation. Special committees are directly responsible to the Executive Board. [The President, with the approval of the Executive Board, shall appoint chairpersons of the special committees.] Special committees shall be automatically dissolved upon completion of its assignment or upon decision by the Executive Board.
Section 4. An individual may serve unlimited terms as a committee chairperson, if appointed year to year.
ARTICLE X. FISCAL POLICY
Section 1. The Executive Board shall see that a budget shall be presented for approval at the [first/final] general membership (open) meeting of the academic year. At that time, additional funds from the [previous/current] year are also allocated. The Board has authority to make budget adjustments during the year, provided they do not individually exceed $500.00; the Board shall have no power to make the Corporation liable for any debt(s) in an amount exceeding the cash assets of the Corporation which have not been otherwise appropriated.
Section 2. Each committee chairperson has access to the budgeted funds for his/her committee during the current school year only. These funds will be disbursed by the Treasurer provided the expense falls within the committee's budget and is substantiated by a purchase order or receipt.
[Section 3. Any expenditure that requires carry-over or any anticipated expenditure occurring before the next year's budget is approved may be approved at the last meeting of the year.] - Delete this section if the budget is approved at the final meeting of the preceding year.
ARTICLE XI. MEETINGS/VOTING
Section 1. There shall be regular general membership (open) meetings of the Corporation, scheduled prior to the beginning of the school year. A regular meeting schedule may be established in the Standing Rules of the Corporation. Special meetings of the general membership may be called by the President or by a majority vote of the Executive Board, five days notice having been given. Members shall be notified no later than five days in advance of the date of any rescheduled general membership meeting.
Section 2. Voting shall be determined by a simple majority of members present, except when changing or amending the Corporation's Bylaws, when a two-thirds majority vote of members present must prevail.
ARTICLE XII. PARLIAMENTARY PROCEDURE
Section 1. Robert's Rules of Order (current edition) shall govern this Corporation in all cases to which they are applicable and not in conflict with these Bylaws.
ARTICLE XIII. AMENDMENTS
Section 1. These Bylaws may be amended at any membership meeting of the Corporation by two-thirds vote of the members present and voting, provided that notice of the proposed amendment shall be given at the previous general membership meeting.
Section 2. A committee may be appointed to review the Bylaws, as revised and amended, every two year(s). The committee shall draft any proposed amendments for presentation to the membership as provided for in Section 1 of this Article.
ARTICLE XIV. STANDING RULES
The Executive Board may maintain a list of Standing Rules to serve as a further operating guide for the Corporation. These Standing Rules should be revised yearly to reflect the procedures of the current Executive Board.