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By-Laws

BATAVIA BAND BOOSTERS

BY-LAWS ADOPTED: _______________

 

Revised 1/19/2023

Summary of changes:
Complete By-Law revision

ARTICLE I: ORGANIZATION NAME

  • The name of this organization shall be the Batavia Band Boosters, hereafter referred to as BBB. 

ARTICLE II: ARTICLES OF ORGANIZATION

  1. This organization shall remain an unincorporated organization of its members.
  2. The organization shall abide by the rules and regulations set forth in this constitution.

ARTICLE III: OBJECTIVE

Section 1. The objective of the BBB is to promote and support musical arts and education within the Batavia Local School District. 

Section 2. The objective of the BBB is met through fundraising and driving family and community engagement. 

Section 3. BBB is organized exclusively for educational, recreational and musical purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501C(3) of the Internal Revenue Code.

ARTICLE IV: POLICIES

Section 1. This organization shall be non-commercial, non-sectarian and non-partisan. No commercial enterprise, no candidate, and no political cause shall be endorsed by the organization.

Section 2 This organization shall not seek to direct the administrative activities of the school or to control its policies.

Section 3. No part of the net earnings of the association shall be used for the benefit of, or be distributed to any members, officers, or other person, except in which the association is authorized and empowered to pay by a majority vote of attending members at any given general session, or special meeting.

Section 4. This association shall not directly or indirectly participate or intervene in any way, including the publishing, financing or distribution of material in any political campaign on behalf of or in opposition to any candidate for political office, or political cause under study or pending public vote.

Section 5. In the event of the dissolution of the association, its assets shall be distributed for one or more of the exempt purposes specified in Section 501 as from time to time amended.

ARTICLE V: MEMBERSHIP 

Section 1. Any parent of a child participating in Batavia Local Schools music programs interested in the BBB, willing to uphold its policies and subscribe to its by-laws shall be considered members of this organization.

Section 2. Parents of students who have graduated shall be eligible to remain with the organization in addition to any other individual interested in the welfare of the school’s music program may become members.

ARTICLE VI: OFFICERS AND THEIR ELECTIONS

Section 1. The officers of this organization shall be:

  1.  President
  2. Vice President
  3. Secretary
  4. Treasurer

Officers shall serve for a term of one year beginning on the first day of May of one year and ending after one year on May 31st. There are no term limitations.

Section 2. Nominations for officers shall be made during the March BBB meeting with nominations of candidates by attending BBB members. Only members of BBB may vote. The election shall be held before the close of that meeting. 

Section 3. An unexpected vacancy occurring in an office shall be filled by a nomination and vote of the BBB Executive Board in either a General or Special Session.

Section 4. Newly elected officers will be provided a copy of the By-Laws and will be asked to sign an Acknowledgement of Understanding in regard to their duties and requirements as they pertain to the By-Laws.

Section 5. An appointment letter will be provided for the following officer roles who will be made signers on the BBB banking accounts: President, Vice President, and Treasurer. In addition, the director of the music department will be issued a debit card for music program related purchases as approved by the Executive Board. In the event any of these officer roles are resigned, access to all accounts will be terminated immediately. 

ARTICLE VII: DUTIES OF OFFICERS

Section 1. President

  1. The President shall preside at all meetings of the organization, and those of the executive board;
  2. Shall be a member “ex-officio” of all committees. 
  3. The President shall provide oversight of financial reporting with the Vice President.
  4. The President will act as a signer on all financial accounts. 
  5. Assist other officer positions as needed. 

Section 2. Vice President

  1. The Vice-President shall act as an aid to the President and shall perform the duties of the President in the absence of the President.
  2. The Vice President shall provide oversight of financial reporting with the President.
  3. The Vice President will act as a signer on all financial accounts.
  4. Assist other officer positions as needed.

Section 3. Secretary

  1. The Secretary shall record the minutes of all the meetings of the executive board and organization and shall be responsible for the meeting direction and flow. 
  2. The Secretary shall also be responsible for composing, printing, and distributing the agenda used to vote at general meetings.
  3. The Secretary shall lead management of BBB email box ([email protected])
  4. Assist other officer positions as needed.

Section 4. Treasurer

  1. The Treasurer shall have custody of all the funds of the organization.
  2. The Treasurer shall keep a full, accurate and permanent account of receipts and expenditures and shall make disbursements in accordance with the approved budget, as authorized by the organization, the executive board, or a special committee, and with the reception of a majority vote obtained during a general session or special session.
  3. The Treasurer shall present a statement of account at every meeting of the organization, the executive board, or at other times when requested by the executive board.
  4. The Treasurer shall only make disbursements when an acceptable receipt is presented within 90 days from the date on the receipt, unless otherwise approved by the Executive Committee for legitimate reasons.
  5. The Treasurer shall receive the monies collected through fundraising efforts within 72 hours of the close of each event or activity.
  6. The Treasurer shall ensure that all expenditures, deemed “routine” and $500.00 or less, approved by the Executive Board, will be reported at the next General Session, and are included as part of the Secretary’s official, permanent minutes.
  7. The Treasurer shall ensure that all expenditures above $500.00 are supported by a majority vote of a General or Special Meeting of the BBB and that the approval of expenditures are properly reported in the Secretary’s official permanent minutes.
  8. The Treasurer shall manage the BBB PO Box, including receiving mailings and payment of annual fee. 
  9. The Treasurer shall complete IRS tax filing for the organization annually.
  10. Assist other officer positions as needed.

ARTICLE VIII: FINANCIAL OVERSIGHT

Section 1. An auditing committee shall be appointed by the Executive Board annually, and shall examine the treasurer’s accounts at the end of each fiscal year (June 30).

Section 2. The auditing committee shall be composed of three or more BBB members (Parents and Faculty). These members shall be selected by the Executive Board, and approved by vote during a General Meeting or Special Meeting. Members cannot be members of the Executive Board, or Committee Chairpersons. Alternatively, the Executive Board can designate an independent auditor or company to complete the audit. 

Section 3. Upon completion of the audit, the committee chairperson or audit representative shall make a report to the Executive Board within one week of the audit. The report will be provided to the general members at large at the first meeting of each new scholastic year.

ARTICLE IX: EXECUTIVE BOARD

Section1. The Executive Board shall consist of the Officers of the organization and the Music Director(s). The members of the Executive Board shall serve until the terms of their elected successors begin according to the rules set aside in Article VI; Section 1 of these By-Laws.

Section 2. The duties of the Executive Board shall be:

  1. To transact necessary business in the intervals between regular meetings of the organization.
  2. To approve, by voting, the plans of work of the organization.
  3. To present a report at the regular meetings.
  4. To appoint an auditing committee or auditor.
  5. To prepare and submit to the organization for approval a budget for the fiscal year.
  6. To approve, routine bills within the limits of the budget, $500.00 or less not specifically identified in the organization's budget. The Executive Board can approve these expenditures within the limit, not stated in the budget, without the previous approval from the membership.
  7. Legal voting of the Executive Board shall be by the members present at any regular and special meetings.

Section 3. Regular meetings of the Executive Board shall be as needed and called for by any of the Board members.

Section 4. All Executive Board meetings shall be open to the general membership, and announced no less than 24 hours in advance via e-mail or web-site posting.

  1. In deciding the matters of routine transactions under $500.00 or less, a general vote or meeting is not necessary.  Routine decisions can be made via positive contact with the Executive Board by other means, with a follow-up report of routine transactions delivered to Board members within 12 hours of payment / execution. A simple majority can be used to decide these matters.
  2. In deciding the matters of unplanned (non-routine) matters, and those matters possessing expenditure above $500.00, a Special Meeting of the Executive Board will be announced. All BBB members in good standing, in attendance will be permitted the right to speak and a vote.
  3. A detailed ledger of Executive Board activities shall be kept and included in the Secretary’s records.

ARTICLE X: STANDING COORDINATOR ROLES

Section 1. The Executive Board may be required to promote the objective and interest of the organization and shall create Standing Coordinator Roles. 

Section 2. The Standing Coordinators shall provide reports at each general session as needed. 

Section 3. Standing Coordinator Roles consist of the following:

  1. Fundraising Coordinator
    • One designated coordinator for each fundraising effort
      • e.g.: Quarter Auction, Arts & Crafts Fair, Bake Sale 
  2. Band Camp Coordinator
  3. Volunteer Coordinator
  4. Concession Coordinator(s)
    • Concessions at events such as Quarter Auction, Musical, Arts & Crafts Fair
  5. Social Media Coordinator 
  6. Uniform Maintenance Coordinator 

ARTICLE XI: MEETINGS

Section 1. General Meetings of the BBB shall occur on a day, time, and location as agreed upon by the Executive Board. 

Section 2. There will be one Executive Board Meeting held for the purposes of establishing the annual agenda each year, prior to the start of the school year.

Section 3. A quorum must exist at any meeting in which business is to be transacted. A quorum shall be defined as no less than three elected BBB officers.

ARTICLE XII: AMENDMENTS

Section 1. These By-Laws may be amended by the Executive Board at any meeting with a majority vote.

 

Section 2. By-laws are to be reviewed and revised annually and as needed.

ARTICLE XV: GOVERNING TAX EXEMPTION

Section 1: In order to meet the organizational test for exemption under IRS section 501C(3), our governing document – “BATAVIA BAND BOOSTERS ORGANIZATION BY-LAWS – must include the following provisions:

  1. We are organized exclusively for the purpose set forth in IRS section 501C(3) of the code.
  2. We will not carry on any activities not permitted by an organization exempt under IRC 501C(3).
  3. Upon dissolution of our organization, any remaining assets will be distributed to another organization that is exempt under section 501C(3) of the Code.

These By-Laws were reported on and discussed during a General Meeting of members, with a quorum present, on .

 

A vote was held on _________ , and approval of these By-Laws was obtained and documented in the Secretary’s Minutes

Batavia Band Booster President

Batavia Band Booster Secretary
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