As of November 14, 2024
2.01 Registered Office and Agent
2.02 Principle Office
3.01 General Purpose
3.02 Specific Purpose
4.01 Membership
4.02 Membership Fees
4.03 Termination of Membership
4.04 Resignation
4.05 Reinstatement
Article V – Conflicts of Interest
Article VI – Officers and Executive Board
6.01 Number of Officers
6.02 Powers and Practices
6.03 Booster General Board Offices and Committees
Article VII – Duties and Terms of Office
7.01 Rules of Order
7.02 Election of Officers, Board Members, and Term of Office
7.03 Removal of Officers and Board Members
7.04 Powers of Officers and Succession
7.05 Executive Board Members
7.05.01 President
7.05.02 First Vice President
7.05.03 Second Vice President
7.05.04 Treasurer
7.05.05 Secretary
7.05.06 Parliamentarian
7.05.07 Membership Director
7.06 General Board Members
7.06.01 Communications Chairperson
7.06.02 Hospitality Chairperson
7.06.03 Banquet Chairperson
7.06.04 Color Guard Representative
7.06.05 Class Representatives
7.06.06 Pit Crew and Props Captain
8.01 Membership Committee
8.02 Fundraising Committee
8.03 Communications Committee
8.04 Nominating Committee
8.05 Budget Committee
8.06 Auditing Committee
8.07 AD Hoc Committees
8.08 Committee Organizational Procedures
10.01 Special Meetings
10.02 Voting
10.03 Quorum
11.01 Checks, Drafts, Etc.
11.02 Books and Records
11.03 Financial Records and Annual Reports
11.04 Budget and Inventory
Article XII – Restrictions and Limitations
Definitions
- Large Purchases Outside of Budget
- Minimal Operational Budget
- Annual Club Meeting
- Notifying Membership
- Record Retention
- Membership Fees
- Membership Levels
- Termination of Membership
- Reinstatement of Membership
- Definition of Class Representative Roles
- Conflict of Interest Policy
- Committee Procedures
- Checks and Drafts
- Deposits
- Donations/Gifts
- Treasurer Responsibilities
ARTICLE I – NAME AND TYPE
The name and type of filing entity being formed are: BREWER BAND BOOSTER CLUB, a Texas nonprofit Club (herein after “Club”).
ARTICLE II – OFFICES
2.01 REGISTERED OFFICE AND AGENT
The registered office and registered agent of the Club shall be set forth in the Certificate of Formation. The registered office or the registered agent may be changed by resolution of the Board, upon making the appropriate filing with Secretary of State. The Director of Bands shall be named the registered agent.
2.02 PRINCIPLE OFFICE
The principle office of the Club shall be at 1025 W. LOOP 820 N., FORT WORTH, TX 76108. The Club shall have and continuously maintain in the State of Texas a registered office and registered agent whose office is identical with such registered office, as required by the State of Texas Non-Profit Club Act.
ARTICLE III – PURPOSE
3.01 GENERAL PURPOSE
This organization is formed for the purpose of promoting the interests in music education within the White Settlement Independent School District (WSISD). Promotion activities are to be directed primarily to music education as conducted as part of the WSISD’s band program and in support of the Directors of Bands. By promotion of music education, this organization will work to secure closer relations between parents, students, and band directors.
3.02 SPECIFIC PURPOSE
The Club is to be operated as a non-profit educational support organization. Rules and guidelines as specified in the U.S. Internal Revenue Code, Section 501(C)(3) are considered applicable to the objectives, goals and operating procedures adopted by the Club. Furthermore, the activities must be consistent with the WSISD Administrative Regulations for Booster Clubs & PTAs established by the WSISD and the University Interscholastic League Booster Club Guidelines.
ARTICLE IV – MEMBERS
4.01 MEMBERSHIP
A member of the club shall hereinafter be defined as a person who is in good standing with the club, including remittance of annual membership fees (Appendix: Definitions). A member is entitled to full participation of club proceedings, including but not limited to, the right to attend meetings, to make motions, to speak in a debate, and to vote. Membership in the Club is open and encouraged for all parents and/or guardians of students currently enrolled in band programs and faculty in the WSISD. Membership may be extended to people who are not parents or guardians of WSISD students by majority vote of the Executive Board. Membership shall not be denied any person because of race, religion, sex, or national origin. Volunteers that wish to support band students do not have to be a member of the Club but will still be required to complete the WSISD volunteer form.
4.02 MEMBERSHIP FEES
Membership fees may be assessed as determined by the Club. There shall be no variance of membership fees and fees shall remain fixed within a fiscal year. Remittance of fees provides Club members the privilege of voting, holding office, making motions, and debating issues. Each member must pay, within the timeframe and on the conditions set forth in these Bylaws, the membership fees. Membership fees may be reduced, prorated or eliminated under the conditions set forth in these Bylaws.
(1) Membership fees will be assessed per voting family member.
(2) Membership fees will be due as defined in Policy and Procedure VI.
(3) Annual fees shall be as stated in Policy and Procedure VI:
-
- Given that the member is unable to meet the requirement, the membership fee may be reduced or prorated upon Executive Board approval.
- Given that the member is unable to meet the fee requirement, the member will have the opportunity to serve in 2 (two) volunteer roles for remittance.
- Optional upgrades of membership levels may be available for purchase with the added benefits of merchandise and exclusive offers. See Policy and Procedure VII. Additional time restrictions may apply to higher levels of membership to allow for the ordering of merchandise included in the membership bundle.
- No member shall have higher status than others based on levels of membership (general, bronze, silver, gold, platinum, etc.)
- All proceeds collected from membership fees will go to directly benefit WSISD Band Students (i.e. scholarships, private lessons, etc.)
4.03 TERMINATION OF MEMBERSHIP
Memberships shall not be involuntarily terminated by the Club for any member of the Club unless approved by a seventy-five percent majority of members present as determined by secret ballot administered by the officer presiding at a regular meeting of the Club. Such a termination will be proposed for membership balloting only upon approval of at least seventy-five percent of the members of the Boosters and a rendering of a written charge to the membership outlining just cause for the termination. The charged member shall also have the right to answer the charges verbally or in a written document to be distributed to the membership when the Club has indicated by its seventy-five percent vote that they believe the termination of membership to be proper because of matters involving but not limited to gross misconduct, gross non-support of music education within the school district, or violation of any laws by local, state, or federal authority. Membership of the parent or guardian is automatically terminated upon completion of the calendar school year. See also Policy and Procedure VIII.
4.04 RESIGNATION
Resignations of members may be made in writing at any time or rendered in accordance with procedures authorized by the Club.
Resignations shall not cancel any legal debt owed to the Club by the terminating member, and all working funds held or reimbursements due the Club shall not be considered terminated as a result of the termination of membership.
4.05 REINSTATEMENT
Members and officers may be reinstated in accordance with Club Policy and Procedure IX.
ARTICLE V – CONFLICTS OF INTEREST
No director/member shall cast a vote, nor take part in the final deliberation in any matter in which he or she, members of his or her immediate family or any organization to which such director has allegiance, has a personal interest that may be seen as competing with the interest of the Club. Any director/member who believes he or she may have such a conflict of interest shall so notify the Executive Board prior to deliberation on the matter in questions, and the Executive Board shall make the final determination as to whether any director/member has a conflict of interest in any matter. The minutes of the Executive Board meeting shall reflect disclosure of any conflict of interest and the recusal of the interested director/member. Refer to Club Policy and Procedure XI.
ARTICLE VI – OFFICERS AND EXECUTIVE BOARD
6.01 NUMBER OF OFFICERS
The Executive Board officers of the Club that make up the Club shall be a President, First Vice-President, Second Vice-President, Treasurer, Secretary, Parliamentarian, and Membership Director Executive and General Board positions shall only be held by those members who are parents and/or guardians of students currently enrolled in band programs and faculty in the WSISD, they must remain in good standing with the club and adhere to membership requirements within Article IV. New officers and assistant officers may be created if deemed necessary. New officers may be created and filled at any Club meeting. No more than one officer position may be held by the same person. In the event where more than one member of the Executive Board originates from the same family, the two members must choose only one familial representative for voting purposes. These familial members shall not serve in roles that would allow for two-thirds control of Club finances. The band directors of the school may also serve on the Executive Board without remittance of membership fees.
6.02 POWERS AND PRACTICES
The Executive Board shall have the power to transact in the interim of the regular meetings all business not otherwise provided for in the constitution or bylaws or delegated to special committees, except that of modifying any action by the association.
The Executive Board shall meet as necessary as decided by the President or by the First Vice President in his/her absence. The minutes of the Executive Board shall be submitted to the Club for ratification by the next meeting.
The Executive Board shall have all the powers of the General Board and the Club between meetings of the General Board or the Club. A majority of the Executive Board present and eligible to vote shall constitute a quorum. A majority vote of the Executive Board members present shall carry any vote presented to the Board or the Club other than an amendment of the bylaws.
The Executive Board shall determine all policies and programs of the General Board and the Club acting upon suggestions of the members and the Band Directors.
6.03 BOOSTER GENERAL BOARD OFFICES AND COMMITTEES
The Club General Board may consist of all Executive Board Officers, Communications Chairperson, Color Guard Representative, and Class Representatives from each grade of the Intermediate, Middle and High Schools. Other General Board positions and ad hoc committee chairs may be added during the year to assist as needed with club events.
ARTICLE VII – DUTIES AND TERMS OF OFFICE
7.01 RULES OF ORDER
The most current issue of Robert’s Rules of Order shall be the authority on all questions of procedure not specifically stated in the bylaws. This shall be overseen by the Parliamentarian or as deemed by the Executive Board.
7.02 ELECTION OF OFFICERS, BOARD MEMBERS AND TERM OF OFFICE
The Executive Board officers and General Board Members shall be nominated in April and elected annually at the May Club meeting and will assume office on July 1st. The election date shall be determined by the Club. Executive Board Officers may hold office for a term of two years or until their successor is elected. The President must serve as a member of the Club for at least one year before being allowed to be President.
7.03 REMOVAL OF OFFICERS AND BOARD MEMBERS
Resignation of officers and board members shall be made in writing to the Club to be reviewed and accepted by the Executive Board. No officer or board member shall be involuntarily removed from office except as a result of termination of membership as described in Article IV s 4.03.
Resignations shall not cancel any legal debt owed to the club by the terminating officer, and all working funds held or reimbursements due the club shall not be considered terminated as a result of the termination of office.
7.04 POWERS OF OFFICERS AND SUCCESSION
Officers shall have the responsibility to direct the club in accordance with its bylaws and provision described in Article III pertaining to operation of the club as a non-profit organization operating under WSISD to support music education activities. Power of succession for officers in the absence of the President shall be in the order as follows: (1) First Vice President; (2) Second Vice President. The responsibilities of officers shall be assumed by the next officer in the Power of Succession in sequence as outlined herein.
7.05 EXECUTIVE BOARD MEMBERS
Executive Board Members shall be nominated in April and elected annually at the May Club meeting and will assume office on July 1st. The election date shall be determined by the Club. Any position of the Executive Board shall only be held by Club members who are parents and/or guardians of students currently enrolled in band programs and faculty in the WSISD. They must remain in good standing with the club and adhere to membership requirements within Article IV. In accordance with Parent Booster USA, Inc. guidelines, the roles of President, First Vice President and Secretary must remain filled to maintain Club status.
7.05.01 PRESIDENT
The President is an Executive officer of the Club and shall be the chief executive officer and preside over all meetings of the Executive Board, General Board, and the Club. The President will also serve as ex-officio on all committees and attend committee meetings as needed. The President shall meet with the Head High School Band Director on a regular basis to determine how best to assist the Band Department. It is the President’s duty to coordinate and/or set Club calendars with the coordination of the Head High School Band Director.
7.05.02 FIRST VICE PRESIDENT
The First Vice President is an Executive Officer of the Club and shall assist the President and in the absence of the President, shall have all the power of the President and shall serve in whatever capacity deemed necessary by the President. The First Vice President shall be a liaison to the student band leadership as their representation in the Club. The First Vice President shall serve as the Concessions Director and shall be responsible for concessions operations that the club agrees to maintain. This may include obtaining facilities, stocking, serving, identifying staff volunteers, and other actions as needed for a successful concession operation. Additionally, the First Vice President shall serve as Special Events Chairperson and shall be responsible for event operations, which may include obtaining facilities, stocking, identifying staff volunteers and any other actions that may be necessary for successful event operations. Special events hosted by the Club may include but are not limited to, auction, color guard competition, drumline competition, or regional band competitions. The First Vice President shall assume the Office of the President in the event the President resigns or is no longer able to function as President.
7.05.03 SECOND VICE PRESIDENT
The Second Vice President is an Executive Officer of the Club and shall assist the President and First Vice President in whatever capacity deemed necessary by the President. The Second Vice President shall also serve as a liaison to the student band leadership as their representation in the Club. The Second Vice President may serve as the Fundraising and Merchandising Chairperson. Shall be responsible for establishing and recruiting individuals for a fundraising committee. Shall be responsible for overseeing all Club areas of fundraising including but not limited to raffles, restaurant/dining fundraisers, T-shirt sales, popcorn sales, purchasing, stocking and sales of club merchandise throughout the year, etc. The Second Vice President shall assume the Office of First Vice President in the event the President resigns or is no longer able to function as President. In the event of succession, the position of Second Vice President may remain vacant or the Club may accept nominations for the vacancy upon the next general club meeting.
7.05.04 TREASURER
The Treasurer is an Executive Officer of the Club and shall have responsibility of the club financial records including financial accounting records, financial statements and checkbook. The Treasurer shall render a complete financial report at each regular meeting of the club and at such other times as requested by the President. The Treasurer shall have the responsibility for supervision over the receipt and disbursement of Club funds and disbursement in accordance with Club objectives and goals prescribed in Article III. The Treasurer will submit financial statements to the school district in accordance with district procedures and to the IRS in accordance with government procedures. Please refer to Policy and Procedure XI for additional responsibilities.
7.05.05 SECRETARY
The Secretary is an Executive officer of the club and shall have responsibility for informing membership of regular and special meetings, record minutes of proceedings at meetings, present the minutes at meeting and have custody of Club records except for those records under the custody of the Treasurer. The Secretary shall present minutes at the next scheduled Club meeting. The secretary will adhere to Storage and Archive Policy and Procedure V. The Secretary will maintain thank you notes from the Executive Board.
7.05.06 PARLIAMENTARIAN
The Parliamentarian is an Executive Officer of the Club and shall be responsible for enforcing and reviewing the Bylaws as needed. May keep records of all historical reports, photos, articles, awards, and other items for all campuses as needed. The records shall be donated to respective schools at the end of each school year. The Parliamentarian shall oversee Club Policies and Procedures to ensure operational standards.
7.05.07 MEMBERSHIP DIRECTOR
The Membership Director is an Executive Officer of the Club and is responsible for overseeing all Club areas of membership including but not limited to Membership, Volunteers, Communications, Recruiting, and Nominations. The Membership Director may serve as the Membership Chairperson and shall have responsibility for establishing, coordinating, overseeing, and recruiting individuals to serve on the membership committee. Shall maintain a membership list with addresses and shall encourage membership in the Club. Shall provide support to Class Representatives.
7.06 GENERAL BOARD MEMBERS
General Board Members shall be nominated in April and elected annually at the May club meeting and will assume office on July 1st. The election date shall be determined by the club. Any position of the General Board shall be held by Club members who are parents and/or guardians of students currently enrolled in band programs and faculty in the WSISD. They must remain in good standing with the club and adhere to membership requirements within Article IV. Should a nominated member neglect to have a student enrolled in WSISD band programs and desire to hold a General Board position, a majority vote of the Executive Board shall permit the member to fulfill the nomination for General Board positions.
7.06.01 COMMUNICATIONS CHAIRPERSON
The Communications Chairperson is a General Board Member of the Club and shall serve as editor and producer of the calendar. Shall develop and update club social media sites to include at least current events, accomplishments, calendars, and photographs. Shall establish, recruit individuals, and oversee the communications committee. Shall provide support to the Parliamentarian for accurate record keeping of all band activities each year.
7.06.02 HOSPITALITY CHAIRPERSON
The Hospitality Chairperson is a General Board Member of the Club and shall serve as the coordinator, purchaser, and distributor of meals, snacks, and other miscellaneous items. Shall provide support during all performances and identify volunteers to assist with associated tasks.
7.06.03 BANQUET CHAIRPERSON
The Banquet Chairperson is a General Board Member of the Club and shall serve as the facilitator of entertainment, decorations, obtaining of facilities, arranging nourishment, identifying volunteers, etc. for the annual band banquet.
7.06.04 COLOR GUARD REPRESENTATIVE
The Color Guard Representative is a General Board Member of the Club and shall serve as a liaison to the Color Guard director and students. Shall provide support for Color Guard performances, activities, and any additional functions of the color guard as deemed necessary.
7.06.05 CLASS REPRESENTATIVES
Each Class Representative is a General Board Member of the Club and shall serve as a liaison to their class’s directors and students. Shall provide support for their division’s performances, activities, etc. Class representatives may include Senior Representative, Junior Representative, Sophomore Representative, Freshman Representative, Eighth Grade Representative, Seventh Grade Representative, Sixth Grade Representative, Fifth Grade Representative, and Fine Arts Academy Representative. Members may serve as representative for multiple grades, i.e. fifth and sixth grade or seventh and eighth grade may be combined. Class representatives shall provide support for their division’s performances, activities, concessions, fundraising, etc. Please refer to Policy and Procedure X for detailed responsibilities.
7.06.06 PIT CREW AND PROPS CAPTAIN
The Pit Crew and Props Captain is a General Board Member of the Club and shall be responsible for recruiting volunteers to assist with the front ensemble and show props for football games and competitions during marching (and football) season. Shall organize and direct volunteers as needed. Shall communicate with directors as needed to be sure all support needs are met for each event. Shall present updates reported monthly at regular club meetings.
ARTICLE VIII – COMMITTEES
There shall be the following standing committees: Membership, Fundraising, Communications, Nominating, Budget, and Auditing. All standing committees must comply with the Club Bylaws in their operations and fundraising, if any. All standing committees must have one executive board member serving on each standing committee. The President may be ex officio a member of all committees except the Nominating Committee and any disciplinary committees.
8.01 MEMBERSHIP COMMITTEE
The Membership Director may establish, oversee, and recruit individuals to serve on the membership committee. The membership committee shall be responsible for conducting a membership drive each year. Shall help serve as greeters at parent meetings and band concerts as needed.
8.02 FUNDRAISING COMMITTEE
The fundraising committee shall be responsible for outlining, calendaring, and overseeing fundraising events. The Second Vice President may establish, recruit individuals, and oversee the fundraising committee.
• The fundraising committee shall compose a definite plan for fundraising, which shall be planned in response to the budget needs and current budget report.
• The plan should be discussed and outlined by the executive committee in conjunction with the fundraising committee preceding the introduction of the annual budget.
• The outline and calendar for the fundraising events for the upcoming school year shall be presented and voted on at the August board meeting of the executive board meeting of the proceeding school year.
• The Executive Board, in conjunction with and at the suggestion of the fundraising committee, has the authority to approve additional fundraising activities as they deem necessary.
• Fundraising subcommittees may be formed in accordance with Article VIII s 8.09 below as needed; however, the following may be standing subcommittees in continuous existence and specifically required to comply with Article VII s 7.09 organization procedures: Spirit Items, T-shirts.
8.03 COMMUNICATIONS COMMITTEE
The communications committee shall be responsible for notifying membership of regular or called meetings of the association and the general membership of any special events or meetings. All communication to the general membership shall go through the communications committee. Shall be responsible for publicity of all Brewer Band programs and Club activities and collaborate with band directors regarding information to be publicized. This includes, but is not limited to area newspapers, flyers and handouts to parents. If a newsletter is published the communication committee shall serve as its editors. The Communications Chairperson may establish, recruit individuals, and oversee the communications committee.
8.04 NOMINATING COMMITTEE
The Nominating Committee shall be chosen in advance and shall meet to receive nominations for the elected offices of the organization and to prepare a slate of nominees and a ballot for the election of officers. The Nominating Committee shall consist of five (5) members who are appointed by the executive board at the beginning of the school year. It shall consist of the Nomination Committee Chair (Parliamentarian), First Vice President, Head High School Band Director, and two members from the membership at large. The Membership Director may also serve on the Nominating Committee to provide critical information regarding the status of Club Members.
8.05 BUDGET COMMITTEE
A Budget Committee shall be established for the purpose of developing a yearly budget. The Budget Committee shall be composed of the Treasurer and four other members of the Club and shall be appointed by the President promptly. It shall be the duty of this committee to prepare a budget for the fiscal year beginning the first day of July. The Budget Committee shall have the authority to amend the budget for the current fiscal year, which may be adopted by a majority vote.
8.06 AUDITING COMMITTEE
The Auditing Committee will consist of three (3) members, appointed by the President in the March meeting, and shall be charged with auditing the Club annually and when called upon. The Auditing Committee’s primary duty shall be to audit the Treasurer’s annual report of accounts at the close of the fiscal year and to present a report at the first annual meeting for approval by the Club. Any discrepancies noted shall be brought to the attention of the president of the organization and a resolution reached prior to presentation to the membership. In the case that a discrepancy is related directly to the President, the First Vice President should be notified as well. Should the Club earn an amount greater than $100,000, the Club shall contract a professional accountant for a third-party audit. Club financial officers may not serve on the auditing committee.
8.07 AD HOC COMMITTEES
Ad hoc committees may be formed by either the Band Directors or President as needed. Ad hoc committees may include but not limited to: color guard, activities, merchandising, silent auction, etc.
8.08 COMMITTEE ORGANIZATIONAL PROCEDURES
All standing committees, and additional committees formed throughout the year, shall comply with Policy and Procedure XII and the following operational procedures:
• Committees may generate minutes of any committee meeting and report those minutes to the Club in the months in which they meet by the next general meeting as appropriate for board business.
• Standing committees must deliver all funds collected or received from its events and activities to the Treasurer or deposit directly in the bank within three (3) business days. See Appendix for proper procedure.
ARTICLE IX – SPONSORSHIPS
Sponsorships in the Club is open to individuals or businesses who wish to support the school district band programs monetarily or by providing services without actively participating in Club meetings and activities.
Sponsorships, including banners and scoreboard sponsorships, must be approved by the Administration of Brewer High School and WSISD, as per WSISD’s marketing package.
Sponsorships shall be offered for individual persons, businesses, and other organizations known as “Sponsorships.” There shall be no other types or classes of sponsorships other than those specified in the section of the bylaws.
Sponsorship fees may be assessed as determined by the Club. There shall be no variance of sponsorship fees and fees shall remain fixed within a fiscal year.
ARTICLE X – MEETINGS
Regular monthly meetings shall be scheduled from July 1 through June 15 of each fiscal year. The date and time for these regular meetings shall be determined by a majority vote of the membership. All meetings will follow the Robert’s Rules of Order. The club will meet a minimum of ten times per fiscal year.
10.01 SPECIAL MEETINGS
Special meetings of the membership shall be called as considered necessary by the President, or by the First Vice President and one other Executive Board member. Participants of the special meeting, whether executive or club, must be notified at a minimum of twenty-four hours prior to the meeting.
10.02 VOTING
A majority vote of the membership at a meeting shall constitute a vote of the membership except as required in Article IV s 4.03.
Each member in good standing (as defined in Appendix Definitions) shall be entitled to one vote on each matter submitted to a vote of the members. Club actions may be voted by email or text if deemed necessary by the President. Club actions voted electronically shall be included in the minutes of the following Club meeting.
10.03 QUORUM
A majority of the Executive Board and the members present shall constitute a quorum for the transaction of business and approval of reports in any regular meeting. If less than a quorum of the Executive Board is present at said meeting, a majority of the Executive Board present may adjourn the meeting from time to time without further notice. Officers who are not present at the meeting may provide their proxy vote to the President or next officer in succession present at the meeting.
ARTICLE XI – FISCAL MATTERS
The fiscal year of the club shall be the fiscal year of July 1st through June 30th. The President, First Vice President, Second Vice President and Treasurer shall attend the districts fundraising rules and regulations meeting once a year.
11.01 CHECKS, DRAFTS, ETC.
All disbursements shall be authorized by the Club and all checks signed by at least two members from the following: President, Treasurer, and First Vice President. Any deviation of disbursements from Policy & Procedure XIII must be presented to the Club at the next scheduled meeting. All financial matters must be compliant with any applicable policies and procedures.
Members shall not be disbursed funds for services rendered to the club performed as a duty as a club member. Funds may be disbursed to members for regular business expenses or goods or services rendered to the club when the member’s association with the club is on a business basis and the payment is considered by the membership reasonable and necessary to conduct club business. Such payments to club members shall be detailed on monthly financial reports to the club membership. Should payments of services rendered be in excess of $2,500, the Club should receive a minimum of three (3) bids.
Fees for returned checks due to insufficient funds will be set by the club.
11.02 BOOKS AND RECORDS
The Club shall keep correct and complete books and records of account and shall keep minutes of the proceedings of the members and committees. On demand, any request for proper purpose, the books and records of the Club shall be provided to an individual at the expense of the individual requesting the records. See Policy and Procedure V for record keeping guidelines.
11.03 FINANCIAL RECORDS AND ANNUAL REPORTS
The Club shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the Club, including all income, expenditures, and donations in accordance with generally accepted accounting practices. All records, books, and annual reports (if required by law) of the financial activity of the Club shall be kept in accordance with Policy and Procedure V.
1099 Requirements Internal Revenue Service guidelines require that all payments for services in excess of $600.00 made to an individual by a PTO/booster organization be reported on a form 1099 on an annual basis. The PTO/Booster club should secure an IRS form W-9 from the provider at the time of service to ensure the organization has an accurate record of the tax-payer identification number. The organization must then issue a form 1099 to all qualifying vendors performed in a calendar year by January 31st. The Internal Revenue Service website should be accessed for appropriate 1099 reporting requirements and forms.
Appropriate records and payments must be organized and facilitated by the Club Treasurer to the Texas Comptroller quarterly. Records shall be maintained in accordance with Policy and Procedure V. The Treasurer must file annual IRS form 990, 990-EZ, or 990 E Postcard at least 5 months following the organization’s last month of business or file an exemption to extend that deadline. June will be the last month of business requiring filing by the 15th of November.
11.04 BUDGET AND INVENTORY
An operating budget identifying fundraising projects and purposes for which the funds are being raised will be prepared by the Budget Committee and presented to the membership for approval no later than July of each fiscal year. This budget shall establish the spending plan for the current fiscal year, through the following June.
The budget shall be based upon the current undesignated funds of the club as of June 30th of the recent year. The intent of the Club is that funds raised in a fiscal year should be invested into the current year’s program, adhering to the minimum/maximum reserve requirement outlined in Policy and Procedure II. Should an item, service, or request be presented to the club that is not currently budgeted, the Budget Committee shall have the authority to amend the budget for the current fiscal year and adopted with a majority vote in the next general meeting. Should strict time restrictions apply, and a timely decision be required prior to the next Club meeting, the proposal may be also be adopted by a majority vote in accordance with Policy and Procedure I.
The Club shall maintain current true and accurate inventory records with full and correct entries made with respect to all inventory transactions of the Club, included all income, expenditures and donations in accordance with generally accepted accounting practices.
ARTICLE XII – RESTRICTIONS AND LIMITATIONS
Notwithstanding the foregoing or anything to the contrary herein, the Club may not:
Engage in any activity or take any action prohibited by the applicable provisions of the Texas Business Organizations Code.
Pay any dividend or distribute any part of the income of the Club to its members, if any, directors, if any, or officers. However, the Club may pay compensation in a reasonable amount to its members, directors, or officers for services rendered, may confer benefits upon its members in conformity with its purposes, provided such compensation and benefits are reasonable.
Make loans to the Club’s directors.
Engage in any activities, except to an insubstantial degree, that are not in furtherance of the purpose or purposes of the Club.
Conduct or carry on any activities not permitted to be conducted or carried on by an organization exempt from taxation under Section 501 (c)(3) of the Internal Revenue code and its regulations, or by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code and regulations.
Serve any private interest except if clearly incidental to the public benefit provided by the Club.
Allow any of the Club’s net earnings to inure to the benefit of the members, if any of the Club, or any private individual.
Engage in more than an insubstantial degree in the carrying on or propaganda, or otherwise attempting, to influence legislation, and the Club shall not directly or indirectly participate in, or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office, except as allowed by Internal Revenue Code and its regulations.
Make distributions at such time and in such manner as to subject it to tax under Section 4942 of the Code.
Engage in any act of self-dealing which would be subject to tax under Section 4941 of the Code.
Retain any excess business holdings which would subject it to tax under Section 4943 of the Code
Make any investments which would subject it to tax under Section 4944 of the Code.
Make any taxable expenditures which would subject it to tax under Section 4945 of the Code.
ARTICLE XIII – AMENDMENTS
The bylaws of the club may be amended by a majority vote of the membership at any regular meeting or special meetings where a quorum is present. A written copy of the bylaws as currently in effect and as proposed for amendment shall be presented to the membership prior to balloting on the proposed amendment.
In the event any part of the club bylaws is or becomes in conflict with the laws of any city, state, federal or UIL jurisdiction, then that part of the bylaws shall be void and the conflicting law prevail over the operation of the club as a non-profit organization in accordance with Article III.
ARTICLE XIV – DISSOLUTION
To dissolve the Club, a resolution shall be adopted by the booster organization, or the Director of Bands if the organization is inactive, stating that the question of such dissolution be submitted to a vote at a special meeting of the members having voting rights. At least 30 days prior to the meeting, written or printed notice shall be given to each member entitled to vote stating that the purpose of such meeting is to consider the advisability of dissolving the organization.
Upon dissolution of the Club for any reason, no funds held by the club shall be disbursed to any officer, committee member, or club member. All funds held by the club and all property, personal or real, owned by the club in the event of dissolution of the club activities shall be converted to cash and disbursed to the Brewer Band Activity Fund. Dissolution of the Club shall be determined by the members of the last active Club members and the Director of Bands.
Upon dissolution of the organization, all assets shall be distributed to the Brewer High School Band Activity Fund, as outlined in this Article, provided it is exempt under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code, at the time of dissolution. If the White Settlement Independent School District is not exempt at the time of dissolution, the assets will be distributed to one or more organizations exempt under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code.
SECRETARY’S CERTIFICATE
This is to certify that the foregoing Amended and Restated Bylaws of Brewer Band Booster Club were adopted and approved at a meeting by two-thirds of the membership on the ___5___day of ____September____, 2024.
In witness whereof, the undersigned, the duly elected officers of the club has signed this Secretary’s Certificate.
___s/Renee Bennett___________
President
___s/Pablo Hernandez__________
Vice President
___s/Brent Herring___________
Treasurer
___s/Laura Dorsett___________
Secretary
Appendix
Definitions
Good Standing
Member
Policies and Procedures
- Large Purchases Outside of Budget
- Minimum Operational Budget
- Annual Club Meeting
- Notifying Membership
- Record Retention
- Membership Fee
- Membership Levels
- Termination of Membership
- Reinstatement of Membership
- Definition of Class Representative Roles
- Conflict of Interest Policy
- Committee Procedures
- Checks and Drafts
- Deposits
- Donations/Gifts
- Treasurer Responsibilities
Definitions
Member
- A member of the club shall be defined as a person who is in good standing with the club, including remittance of annual membership fees. A member is entitled to full participation of club proceedings, including but not limited to, the right to attend meetings, to make motions, to speak in a debate, and to vote.
Good Standing
- A member in good standing is an individual who is a parent and/or guardian of students currently enrolled in band programs as well as faculty in WSISD. These members will have paid membership dues and exhibit appropriate behavior at all band functions and meetings.
Policies and Procedures
I. Large Purchases Outside of Budget
- Should a single purchase of greater than $10,000 be requested by any member of the Club or the Band Directors outside of budgeted funds, a vote of the general board must be obtained at the next scheduled meeting.
- Should a single purchase of less than $10,000 be requested by any member of the Club or the Band Directors outside of budgeted funds, a majority vote of the Executive Board must be obtained and disclosed in the minutes of the next scheduled meeting.
II. Minimum operational budget
- The club will maintain a minimal operational budget of $20,000.
- The club will not have funds in excess of $40,000 at the end of the fiscal year. Any funds in excess of $40,000 must be invested in the current year’s program (i.e. scholarships).
III. Annual Club Meeting
- The Club will host a general board meeting annually extending an invitation to all WSISD band students and families. This meeting may include all band programs from Tannahill, FAA, Brewer Middle and Brewer High School or meetings may be held at individual campuses.
IV. Notifying membership
- Membership must be notified of resignation of Executive Board members within 48 hours of receipt of written resignation.
- Membership must be notified of replacement members of the executive board or the general board at the next scheduled Club meeting.
V. Record Retention:
All records of the organization shall be maintained and destroyed in accordance with law, and standard record retention guidelines. Financial records shall be maintained as follows:
- RECORD TYPE: Year-end Treasurer’s financial report/statement, annual Internal Financial Review Reports, IRS Form 990s STORAGE: Store in corporate record book, binder, or cloud-based software. PERIOD OF TIME: At least seven (7) years. Consider keeping permanently.
- RECORD TYPE: Bank statements, canceled checks, check registers, invoices, receipts, cash tally sheets, investment statements, and related documents Compile & file records on a yearly basis. STORAGE: Store in binder or cloud-based software. PERIOD OF TIME: Seven (7) Years Store w/financial records. Destroy after seven years.
- RECORD TYPE: Treasurer’s reports (monthly) Compile & file records on yearly basis. STORAGE: Store in binder or cloud-based software. PERIOD OF TIME: Three (3) Years Store w/ financial records. Destroy after three years.
- RECORD TYPE: Meeting minutes, committee minutes, sub-committee minutes. STORAGE: Store in binder or cloud-based software. PERIOD OF TIME: Three (3)
VI. Membership Fees
Bronze, Silver, Gold and Platinum membership fees shall be due two weeks prior to the first marching competition or unless otherwise determined by vote of the Executive Board. General memberships shall be available throughout the school year.
- General Membership: $5
- Bronze Membership: $25
- Silver Membership: $50
- Gold Membership: $75
- Platinum Membership: $100
VII. Membership levels
Membership packages are subject to change annually based on participation, availability of items, and band director approvals. Please coordinate with the Membership Director to determine current year benefit packages.
- General Membership: A member is entitled to full participation of club proceedings, including but not limited to, the right to attend meetings, to make motions, to speak in a debate, and to vote.
- Bronze Membership: All items included in a General Membership and a spirit pack.
- Silver Membership: All items included in a Bronze Membership and exclusive Club shirt.
- Gold Membership: All items included in a Silver Membership and current show shirt.
- Platinum Membership: All items included in Gold Membership and one student participation in “Pie the Director in the Face”.
- The Membership Committee may modify incentives, at any membership level, at the beginning of the school year to last only for the current school year with approval from the Executive Board.
VIII. Termination of Membership:
- Any member of the Club shall have their membership terminated when involved in matters including but not limited to gross misconduct, gross non-support of music education within the school district, or violation of any laws by local, state, or federal authority.
IX. Reinstatement of Membership
- Reinstatement of Officers: Should a resigned officer wish to rejoin the Club as a general member, they should be permitted to do so. Should a resigned officer request to return to their abandoned role after resignation, the officer must present to the Club a statement requesting reinstatement and the proposal must be placed to a general vote of the Club. Should a terminated officer request readmittance to the club as a general member, the proposal must be placed to a general vote of the Club. A terminated officer may not return to their Executive position.
- Reinstatement of Members: Should a resigned member wish to rejoin the Club as a general member, they should be permitted to do so. Should a terminated member request readmittance to the Club, they shall be permitted by a majority Executive Board vote.
X. Definition of Class Representative Roles:
Responsibilities of each role MAY include and are not limited to the following and be fulfilled as budgeted by the budget committee. All invoices for spending must be presented to the Treasurer in a timely manner.
- Senior Rep:
- Serve as a liaison and voice for Senior students with Band Directors.
- Design and order senior T-Shirt for all Seniors
- Coordination of Senior Night roses for parents and corsages to Seniors. Must assemble volunteers to pass out items on Senior Night.
- Facilitate/Host Fall Senior Outing/Get-Together
- Facilitate/Host Senior Christmas Party
- Facilitate/Host Senior Picnic in the spring
- Collect personal pictures of seniors and create slideshow for presentation
- Junior Rep:
- Serve as a liaison and voice for Junior students with Band Directors.
- Provide treats or goodie sacks once or twice a semester
- Design and provide class specific T-Shirts
- Facilitate/Host Fall Junior Outing/Get-together
- Facilitate/Host Junior Christmas Party
- Facilitate/Host Junior Spring Picnic
- Sophomore Rep:
- Serve as a liaison and voice for Sophomore students with Band Directors.
- Serve as a liaison and voice for Sophomore students with Band Directors.
- Provide treats or goodie sacks once or twice a semester
- Design and provide class specific T-Shirts
- Facilitate/Host Fall Sophomore Outing/Get-together
- Facilitate/Host Sophomore Christmas Party
- Facilitate/Host Sophomore Spring Picnic
- Freshman Rep:
- Serve as a liaison and voice for Freshman students with Band Directors.
- Serve as a liaison and voice for Freshman students with Band Directors.
- Provide treats or goodie sacks once or twice a semester
- Design and provide class specific T-Shirts
- Facilitate/Host Fall Freshman Outing/Get-together
- Facilitate/Host Freshman Christmas Party
- Facilitate/Host Freshman Spring Picnic
- Brewer Middle School Rep (may include a rep for each grade):
- Serve as a liaison and voice for BMS students with Band Directors.
- Provide treats or goodie sacks once a semester
- Facilitate/Host Fall Outing/Get-together
- Facilitate/Host Spring Picnic
- Tannahill Rep (may include a rep for each grade):
- Serve as a liaison and voice for Tannahill students with Band Directors.
- Provide treats or goodie sacks once a semester
- Facilitate/Host Fall Outing/Get-together
- Facilitate/Host Spring Picnic
- Fine Arts Academy Rep (may include a rep for each grade):
- Serve as a liaison and voice for FAA students with Band Directors.
- Provide treats or goodie sacks once a semester
- Facilitate/Host Fall Outing/Get-together
- Facilitate/Host Spring Picnic
XI. Conflict of interest Policy
Members of the Board of Directors of the Booster Club have an affirmative obligation to act at all times in the best interests of Booster Club and without conflict to the interests of Booster Club. This policy serves to define the term “conflict of interest,” to assist members of the Board in identifying and disclosing such conflicts, and to provide a means of determining whether a conflict exists and resolving conflicts.
- Conflict of interest defined: A conflict of interest may arise when the ability of a director to make unbiased and impartial decisions on behalf of Booster Club is compromised, particularly when a personal financial interest may be at stake. Such circumstances may involve family relationships, business transactions, professional activities, or personal affiliations.
- Disclosure: The Board recognizes that conflicts of interest are not uncommon, and that not all conflicts of interest are necessarily harmful to Booster Club. However, the Board requires full disclosure of all actual and potential conflicts of interest. Each Director shall disclose any and all facts that may be construed as a conflict of interest, both through an annual disclosure process and whenever such actual or potential conflict occurs.
- Process and remedy: The Board will determine whether or not a conflict of interest exists, and whether or not such conflict materially and adversely affects the interests of Booster Club. A Director whose potential conflict is under review may not vote or otherwise participate in such determination. If the Board determines that an actual or potential conflict of interest does exist, the Board shall also determine an appropriate remedy. Such remedy may include, for example, the recusal of the conflicted Director from participating in certain matters pending before the Board.
- Resolution of conflicts: If the Board identifies an actual, potential, or apparent conflict of interest, the Board shall analyze and consider the circumstances presented and take appropriate action to resolve the conflict, which may include a decision to waive the conflict of interest as unlikely to affect the Director’s ability to act in the best interests of the organization; to recuse the Director from deliberation and decision-making related to the particular matter that gives rise to the conflict of interest; or other appropriate action up to and including a determination that the only solution is for the Director to resign because the conflict is so pervasive that the Director would likely seldom, if ever, be able to act solely in the best interests of the organization.
- Procedure for Allowing a Business Relationship with a Director: A potentially waivable conflict of interest exists any time a director seeks to enter into a business relationship with Booster Club. Similar conflicts may arise through family members or through organizations in which directors serve in a leadership, employment, or ownership capacity.
Such conflicts do not automatically preclude business relationships with Booster Club but may be waived if determined to be in the best interests of Booster Club. The following procedure is designed to resolve conflicts of interest whenever a director, or a related party, seeks to provide goods or services to Booster Club as a paid provider of goods and/or services (a “business relationship”):
-
- The director must promptly disclose the intent to enter into a business relationship with Booster Club.
- The interested director may not vote or otherwise decide on whether to enter into the contemplated business relationship.
- The non-interested directors will determine whether alternatives to the proposed business relationship should be explored and if so, whether Booster Club could obtain a materially more advantageous transaction or arrangement from a person or entity that would not give rise to a Conflict of Interest, considering the totality of the proposed business relationship.
- After considering alternatives, if any, and considering the totality of the proposed business relationship, the Board shall determine by a majority vote of the disinterested members, without the presence or participation of the director under review, that the transaction is fair and in the best interest of Booster Club.
- If the Board of Directors approves the business relationship under consideration, the director may not participate in any process by which his or her performance as a vendor or other contracting party is evaluated, or in any such evaluation of a related party.
XII. Committee Procedures:
• Standing committees may form subcommittees to handle specific events and needs.
• Standing committees shall manage all subcommittee chairs.
• Committee chairs for each standing committee must be a member of all subcommittees.
• Color guard Director must be present for all color guard committee meetings.
• All key activities or event planning of the standing committees must be approved by the executive board after consultation with at least one director and placed on the calendar by the communications committee chair.
XIII. Checks & Drafts:
- Disbursement of club funds other than the disbursements required to cover fund-raising expenses shall be solely for the purposes of accomplishing club goals and objectives for the support for band activities in the White Settlement Independent School District in accordance with Article III.
- Payment of expenses in connection with Club activities such as payments for products or goods sold, transportation of goods sold, and other selling expenses shall be from receipts and club funds on approval by the membership or Executive Board.
- All checks shall require two officer signatures from the following: President, Treasurer, and First Vice President. Signed, blank checks are prohibited. Should an exact amount be unavailable at the time of issuance, the “Pay To The Order Of” and “For/Memo” fields must be completed.
- Cash withdrawals should be limited to necessary funds for concession stand startup. All other cash funds shall be authorized by the membership, and a designated officer or committee chairperson shall be responsible and accountable to the Club for the cash fund authorized. No cash shall exceed $1000, except for concession stand setup cash which cannot exceed $2000.
- All credit and debit cards associated with Club funds shall be held by the President, First Vice President, and Treasurer. These Executive Board members may authorize the use by other Club members as deemed necessary. All receipts and invoices must be presented to the Treasurer for review and input into the Treasurer report.
XIV. Deposits
- The Club shall select a bank for the purpose of opening a single bank account. All funds of the Club shall be deposited from within three (3) business days of receipt to the credit of the Club in such banks.
- Revenues of the club shall consist of membership dues, donations, and sales from fund-raising activities approved by the membership. Revenues may include payments to the club for services rendered in connection with fund-raising projects.
XV. Donations/Gifts
- The Board members may accept on behalf of the Club any contribution, gift, bequest, or devise for the general purposes or for any special purpose of the Club.
XVI. Treasurer Responsibilities
- Issue a receipt for all monies received and deposit said amounts on a weekly basis. Daily if receipts on hand exceed $200.
- Ensure that deposits are verified by two people.
- Expenditures should be approved by the organization before the purchase is made.
- Two signatures must be required on all checks from the following: President, Treasurer, First Vice President
- If the organization will take funds with debit/credit card devises, the organization is required to notify White Settlement ISD Director of Business prior to taking any credit/debit card payments. o A form is required for this purpose.
- Present a current financial report to the board and general membership within 30 days of the previous month end.
- Maintain an accurate and detailed account of all monies received and disbursed.
- Reconcile all bank statements monthly and resolve any discrepancies with the bank immediately.
- File sales tax reports as may be required by the comptroller’s office.
- File annual IRS form 990, 990-EZ, or 990 E Postcard at least 5 months following the organization’s last month of business or file an exemption to extend that deadline. June will be the last month of business requiring filing by the 15th of November.
- Provide required information to Parent Booster USA, Inc. in a timely manner.
- Oversee development of, and adherence to, financial policies and procedures of the organization.
Other specific duties as outlined in the bylaws of the organization.