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Revision
Date: April 17, 2006
BY-LAWS OF THE BAND PARENTS
OF
WINSTON CHURCHILL HIGH SCHOOL, INC
ARTICLE
I.
Name
This organization will be known as the Band Parents
of Winston Churchill High School, Inc., a
Texas
non-profit corporation.
ARTICLE II. Definitions
Band: The
students actively enrolled for a regularly scheduled period at
Winston
Churchill
High School
in either Band or Color Guard. This shall include an eighth grade student
or transfer student from another high school who is scheduled to be in
band in the upcoming semester.
Board of Directors: All elected officers who shall transact the
business of the Corporation in the intervals between regular meetings.
Budget: All planned expenditures of the Corporation for the fiscal
year.
Called Meeting: A special meeting of the membership called by the
Board of Directors, scheduled at least one week in advance and not in
conflict with school calendar. Notice of meeting must be sent home with
all Band students one week in advance. The Telephone Committee will call
all members at least three days in advance.
Fiscal Year: July 1 through June 30.
Quorum: Fifteen members are required to conduct the Corporation's
business at any meeting of the membership and five members of the Board of
Directors are required to conduct the business of the Board.
Regularly Scheduled Meetings: Held monthly throughout the school
year on the
Winston
Churchill
High School
campus in coordination with the school calendar.
ARTICLE III. Purpose and
Objectives
1. To provide a
service organization dedicated to the promotion and welfare of the band.
2. To promote the entire band program of
Winston
Churchill
High School
and to assist the band directors and school authorities in the development
of an outstanding band program.
3. To seek, cultivate and obtain revenues to be used for developing and
expanding the entire band program.
4. To give complete support to the band program and to avoid actions which
would in any way interfere with school policies.
5. To create a wider interest in music study and band activities.
6. To assist in provision of facilities normally not available to the band
program.
7. To assist in band functions when requested by any of the Band
Directors.
8. To conduct its business exclusively as a charitable and educational
corporation consistent with the provisions of Section 50 1 (c)(3) of the
Internal Revenue Code of 1986 or corresponding provisions of future laws.
ARTICLE IV. Membership
Membership in the
Corporation shall be defined as:
1. Voting Member. Any individual interested in the purpose and
objectives of the corporation, who agrees to abide by the By-Laws and
whose annual membership dues are paid current.
2. Honorary Voting Member: The Principal, the Assistant Principal
who serves as Administrative Liaison of Winston Churchill High School, and
the Band Directors.
3. Honorary Lifetime Voting Member: An individual whose service
and/or commitment to the Corporation, the band program or the students has
been recognized by a majority vote of the general membership.
ARTICLE V. Officers
The elected
officers of the Corporation shall be the President, five Vice Presidents,
a Secretary and a Treasurer.
1. Nominations:
A. The Nominating Committee shall present the
slate of proposed officers at the March membership meeting.
B. Nominations shall be taken from the floor at
the March and April membership meetings.
C. All nominees must be members of the
Corporation, a parent or guardian of a band student and agree to serve if
elected. A nominee may be a parent of an eighth grade student or a
transfer student from another high school who is scheduled to be in band
in the upcoming semester. If
such student should subsequently fail to enroll in band, the nominee shall
no longer be qualified to be elected as an officer, or, if elected, should
no longer be an officer.
D. Each office may be filled by an individual
parent or by a team of two or more persons. Each office, whether filled by
a team or individual, is entitled to only one vote at the Board of
Directors' meetings. Should a team be unable to agree on a vote, they must
abstain. Should one member of a team be absent, the vote shall be cast by
the member present.
2. Election:
Officers shall be elected by a simple majority vote of the membership
present at the regularly scheduled Apri
l meeting and shall hold that office for one year beginning July 1.
The Board of Directors shall elect a member to fill a vacancy of an
officer's position that occurs during the fiscal year.
3. Duties:
A. President shall:
(1) Preside at all
meetings and enforce the provisions of the Corporation's By-Laws.
(2) Appoint all standing
committee chairs with the approval of the Board of Directors.
(3) Appoint a
Parliamentarian with the approval of the Board of Directors. When called
upon, the Parliamentarian will advise on the proper application of the
rules contained in Robert's Rules of Order, Newly Revised to govern the
conduct of the Corporation meetings if not inconsistent with these
By-Laws.
(4) Countersign the
annual financial report of the Corporation and Corporation checks for the
authorized disbursement of funds.
(5) Report the actions of
the Board of Directors at membership meetings.
(6) Serve as the
Corporation's representatives on the Northeast Band Parents' Association.
(7) Represent the
Corporation as requested by school faculty or administrators.
(8) Appoint an audit
committee immediately upon assuming office to prepare an audit of the
preceding year's records.
(9) Call a joint meeting
of the incoming and outgoing officers for the purpose of transferring
Corporation records and responsibilities.
(10) Serve as an ex-officio
member of all committees (except the nominating committee).
B. First
Vice President (Concessions) shall:
(1) Assume the duties of
the President in the temporary absence of the President.
(2) Appoint the
concession Stand Managers with the approval of the Board of Directors.
(3) Supervise all the
concession operations for the Corporation in cooperation with the
Northeast Band Parent Association. Countersign all checks in the absence
of the President or Treasurer.
C. Second
Vice President (Corporate Fund Raising) shall:
(1) Assume the duties of
the President in the temporary absence of the President and First Vice
President.
(2) Appoint a Corporation
Fund Raising Committee with the consent of the Board of Directors and
serve as chair.
(3) Assume the
responsibility of proposing Corporation fund raising activities for
approval of the Board of Directors and the membership.
(4) Conduct all
Corporation fund raising activities and coordinate with the appropriate
school administrator.
(5) Supervise the
collection of Corporation fund raising monies and deliver all monies to
the Treasurer with complete accounting of monies.
(6) Prepare and submit a
report of the fund raising activities of the Corporation at the membership
meeting.
D. Third
Vice President (Student Fund Raising) shall:
(1) Assume the duties of
the President in the temporary absence of the President and the First and
Second Vice Presidents.
(2) Appoint a Student
Fund Raising Committee with the consent of the Board of Directors, and
serve as Chair.
(3) Assume the
responsibility of proposing all student fund raising activities for
approval of the Board of Directors and the membership.
(4) Conduct all student
fund raising activities and coordinate these activities with the
appropriate school administrator.
(5) Supervise the
collection of student fund raising monies and the recording of student
fund raising, points in cooperation with the Treasurer.
(6) Prepare and submit a
report of the fund raising activities of the students at the membership
meeting.
E. Fourth Vice President (Chaperoning) shall:
(1) Assume the duties of
the President in the temporary absence of the President and other Vice
Presidents.
(2) Appoint a Chaperone
Committee with the consent of the Board of Directors and serve as Chair.
(3) Coordinate
parent/guardian supervision for Band activities away from the
Churchill
High School
campus.
(4) Indoctrinate and
supervise chaperones.
(5) Keep an up-to-date
record on each band member, signed by the appropriate parent or guardian,
that grants permission for the band member to participate in off-campus
activities, states any medical conditions about which chaperones should be
aware, and gives permission to administer doctor-approved/prescribed, or
parent-approved over-the-counter drugs, as appropriate.
(6) Ensure that sundry
supplies are available.
(7) Ensure that drinks
and/or food are provided for band members, band directors, crew members,
and other chaperones, as necessary. Whether these items are provided for
purchase by individuals or the Corporation will be determined by the Board
of Directors.
F. Fifth
Vice President (Equipment) shall:
(1) Assume the duties of
the President in the temporary absence of the President and other Vice
Presidents.
(2) Appoint Crew Chiefs
and assist in recruitment of crew volunteers.
(3) Provide for props,
flags, costumes and miscellaneous equipment and their repair for marching,
concert and colorguard events.
(4) Coordinate the
handling of equipment and properties in preparation for and during all off
campus trips in conjunction with the student Band Manager.
(5) Schedule and
coordinate truck(s) and drivers for Band trailers.
(6) Repair and maintain
all non-musical equipment and trailers including necessary licensing and
inspections.
G. Secretary shall:
(1) Maintain and
distribute at the membership meeting minutes of the membership and Board
of Directors proceedings, prepare reports, and prepare the general
correspondence of the Corporation.
(2) Collect and file all
committee reports presented at each meeting.
(3) Maintain a current
roster of all voting members.
(4) Maintain list of
standing rules of the Corporation.
(5) Maintain list of all
officers and committee chairs and notify officers and committee chairs of
all regular and called meetings at least two days in advance.
H. Treasurer shall:
(1) Receive and retain
custody of all Corporation funds, pay bona fide debts if within the
purview of the annual budget or as approved by the Board of Directors, and
maintain an accurate record of all receipts, disbursements, assets and
liabilities.
(2) Chair the Budget
& Fiscal Committee.
(3) Render financial
reports when requested by the President and at all general meetings of the
Corporation.
(4) Prepare an annual
financial report, executed by the outgoing President and Treasurer to be
presented at the regularly scheduled September meeting of the
Corporation's membership.
(5) Provide records to be
audited by July 31
(6) Prepare the annual
budget and submit it for approval of the members at the May meeting of the
Corporation.
(7) Prepare, maintain and
file all pertinent reports necessary for the corporation to retain its
tax-exempt status.
ARTICLE V. Dues
The periodic
dues for Corporation membership shall be set by the Board of Directors.
ARTICLE VI. Exempt Status
No part of the
net earnings of the Corporation shall inure to the benefit of, or be
distributable to its members, directors, officers, or other private
persons, except that the corporation shall be authorized and empowered to
pay a reasonable compensation for services rendered and to make payments
and distributions in furtherance of the purposes set forth in Article III
above. No substantial part of the activities of the Corporation shall be
carrying on of propaganda, or otherwise attempting to influence
legislation, and the corporation shall not participate in, or intervene in
(including the publishing or distribution of statements), any political
campaign on behalf of any candidate for public office. Notwithstanding any
other provision of these Bv-Laws, the Corporation shall not carry on any
activities not permitted to be carried on (a) by a Texas non-profit
corporation; (b) by a corporation exempt from Federal Income tax under
Section 501 (c)(3) or the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal Revenue Law),
or (c) by a corporation, 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).
ARTICLE VII. Dissolution of the
Corporation
Upon dissolution
of the Corporation, the Board of Directors shall, after paying or making
provision for the payment of all of the liabilities of the Corporation,
dispose of all of the assets of the Corporation exclusively for the
purposes of the Corporation in such manner as the Board of Directors shall
determine, or to such organization or organizations organized and operated
exclusively for charitable, educational, religious, or scientific purposes
as shall at the time qualify as an exempt organization or organizations
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 Board of Directors shall determine. Any such assets not so disposed
of shall be disposed of by the State District Court of the county in which
the Corporation is located, exclusively for such purposes. or to such
organization or organizations as said Court shall determine which are
organized and operated exclusively for such purpose.
ARTICLE VIII Standing Rules
The Board of
Directors from time to time shall propose standing rules to be approved by
a simple majority of the members present at a regularly scheduled meeting.
Once approved, these rules shall be binding until such time as they are
changed by like procedure. These Standing Rules shall be consistent with
these By-Laws and where there is a contradiction, the By-Laws shall
prevail.
ARTICLE IX. Standing Committees
1. Each Standing
Committee shall consist of a Chair and the members the Chair appoints as
needed to conduct the business of the Committee.
2. Each Chair shall be appointed by the President with the advice and
consent of the Board of Directors.
3. Each Chair shall make a record of all activities of the Committee for
the year which shall be made part of the permanent records of the
Corporation.
4. The Standing Committees and their duties shall include:
A. Greetings and Refreshments shall welcome all new members of the
Corporation and provide refreshments at Corporate meetings as requested by
the Board of Directors.
B. Historian shall maintain a written or photographic and/or
videotape record of events, awards and other accomplishments of the Band
during the year.
C. Membership shall actively seek membership of all potential
members and provide the President and Secretary with updated copies of
membership rosters.
D. Newsletter shall provide a periodic newsletter to members and
other interested parties with information about all meetings, activities,
awards, and recognitions the Band may have received in the period since
the last newsletter.
E. Publicity shall provide information to the media as appropriate
concerning meetings, activities, awards and recognitions of the Band, its
members and of the Corporation.
F. New Member Coordinator shall provide information to, and work
with the parents of incoming band students.
G. Directory shall prepare band membership lists, advertisements
and miscellaneous other items into a complete student/band parent
membership directory.
H. Social
shall plan and coordinate all activities of a social nature.
I. Spirit
items shall offer and promote Band paraphernalia (shirts, jackets, caps,
etc.) for purchase.
J. Telephone shall communicate information to membership necessary
to conduct Corporation business.
K. Annual
Trip shall be the Board of Directors and appropriate student
representation and will assist the Band Directors in planning the annual
trip.
L.
Uniform shall distribute and maintain band uniforms.
M. Awards
shall coordinate with the Band Director to establish criteria and means of
recognizing individuals for excellence in the band program and academic
achievements.
5. The Band Director shall be an ex-officio member of all committees,
including those chaired by the officers.
ARTICLE X. Special Committees.
The special
committees shall be:
1. Audit. Three
members of the Corporation appointed by the incoming President with the
advice and consent of the Board of Directors. The Audit Committee shall
ensure annually that the Corporation complies with all rules and
regulations and files all required reports with any governmental agency
necessary to comply with all applicable sections of the Internal Revenue
code necessary to retain its tax exempt status described in Article VI,
and shall audit the financial records of the Corporation and report the
audit findings at a regularly scheduled corporation meeting. One of the
three members shall have served on the Audit Committee the prior year.
2. By-Laws. This
committee is established when the Board of Directors believes there is a
need for By-Laws review, or when any member feels that there are needed
changes. In the latter case, proposed amendments must be submitted in
writing. signed by five members of the corporation. Presented at a regular
membership meeting of the Corporation, and referred to the By-Laws
Committee. The committee shall comprise five members of the corporation
consisting of two members appointed by the Board of Directors and three
members elected at a regularly scheduled membership meeting by a simple
majority of the members present. Amendments to the Bv-Laws shall be by
two-thirds vote of the members present at the regularly scheduled general
meeting one month following a report of the By-Laws committee on the
proposed changes.
3. Scholarship.
The Band Director and four members of the Corporation shall award the Jim
Souter Memorial Scholarship. Three members shall be elected at a regularly
scheduled membership meeting by a simple majority of the members present
and one member shall be appointed by the President of the Corporation to
act as Chair. Members with children who are senior band students are
excluded from serving on this committee.
4. Budget and Fiscal.
The Board of Directors and the Band Directors will assist the Treasurer in
preparation of the annual budget for submission to the membership for
approval.
5. Nominating.
Five members of the Corporation consisting of two members elected by the
Board of Directors, two members elected at a regularly scheduled
membership meeting by a simple majority of the members present and the
Band Director.
Article XI. Indemnification of
Directors and Officers, Volunteers, Employees or Agents
The Corporation
shall indemnify any person who was, is or is threatened to be made a named
defendant or respondent in a proceeding, whether civil, criminal,
administrative, arbitrative, or investigative, including all appeals,
because that person is or was a director, officer, volunteer, employee or
agent of the Corporation. Indemnification shall be against all expenses,
including, without limitation, attorney's fees, court costs, expert
witness fees, judgments, decrees, fines, penalties and reasonable expenses
actually incurred by the person in connection with the proceeding, except
that if the person is found liable to the Corporation or is found liable
on the basis that he or she improperly received personal benefit,
indemnification shall be limited to reasonable expenses actually incurred
by the person in connection with the proceeding, and shall not be made in
respect of any proceeding in which the person shall have been found liable
for willful or intentional misconduct in the performance of his or her
duty to the Corporation. The indemnification provided in this By-Law shall
also extend to good-faith expenditures incurred in anticipation of, or
proportion for, threatened or proposed litigation. The Board of Directors
may, in proper cases, extend the indemnification to cover the good-faith
settlement of any such action, suit, or proceeding, whether formally
instituted or not.
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STANDING
RULES OF THE BAND PARENTS
OF
WINSTON CHURCHILL HIGH SCHOOL, INC.
A
non-profit Corporation operating under the rules of Section 501(c) (3) of the
Internal Revenue Code of 1986 or corresponding provisions of future laws.
- All
financial commitments made by the Band Director to any individual for the
provision of services to, or on behalf of the Band, that are to be the
obligation of this Corporation, shall be evidenced by a written agreement
between the Corporation and the provider of services. This agreement shall
detail the terms and conditions of such agreement including but not limited
to; the period covered by the agreement, the dollar amount of the agreement,
the conditions for terminating the agreement, the obligation(s) of each
party for the provision of withholding taxes and the payment schedule. The
agreement may also carry any other provisions necessary to comply with UIL
rules, all applicable laws or regulations and any additional provision the
Board of Directors feels prudent in the conducting of Corporation business.
- Any
news release or statement on behalf of the Corporation shall be made only by
its Publicity Chair or the President.
- Points
are monies earned by students from the various fund raisers organized by the
Third Vice President for student fund raising. Point values for each fund
raising event shall be recommended and approved by the Band Parent Board of
Directors. Point values shall be announced prior to each fund raising
activity whenever practical. Point balances are maintained and posted via a
Student Points Spreadsheet that is posted publicly for parents and
students to review.
- Points
will be used for student assessment fees and trip expense fees as defined as
follows:
a)
Student Assessment Fee Annual fee assessed each student in the Churchill High School
Band and Colorguard program (Band Program) for general band operational expenses
not associated with trips to competitions or events. The Student assessment fee
includes NEISD uniform fee,
Churchill
High School
instrument fee, UIL Solo & Ensemble Competition Fee, Student Show Shirt
fee, and other fees deemed necessary or appropriate by the Band Parents Board of
Directors.
b)
Trip Expense Fee Transportation, food, lodging, and other expenses associated
with getting the Band to the competition or event and any other expense deemed
necessary or appropriate by the Band Parents Board of Directors.
c)
For ease and uniformity of points tracking and accounting, and due to the
fact that certain aspects of the Band Program may be optional (game day meals)
or do not occur on an annual basis (band polo shirt), points cannot be used for
the following expenditures: merchandise purchases (i.e. band shoes, polo shirts,
spirit items, CDs/DVDs, student pictures, band directories, etc.), game day
meals, or tickets/bids for Band Parties, Senior Band Banquet, Fall Dinner, Meet
the Charger Night, or any other fund raising event.
- Deadline
Dates: Dates by which the student must have a stated number of points in
Student Point Account for a stated goal (usually band trip). No student will
be allowed to go on a trip unless all necessary Points are in Student Point
Account by the final deadline. Points are committed on deadline dates.
Deadline dates are determined by the Band Parents Board of Directors.
- Cash
deposits: These are monies deposited directly into student point accounts to
meet the requirements for an intermediate deadline or final deadline if
student has not earned enough points through student fundraising. Deposits
are recorded as Points in the Student Account on a 1-for-1 basis; i.e. one
dollar equals one Point. Cash deposits will be considered committed on
deadline dates.
- Points
may be accumulated by a student throughout membership in the Churchill Band
program. A student will keep unused points in Student Account from year to
year.
- Upon
graduation or departure from the Band Program, Points in a Student Account
transfer to the Band Parents General Fund, with the following
exceptions:
a)
A sibling of a graduating senior band or guard member may receive the
graduates Points if the sibling enters the band program within the second
year after the member graduates. To initiate such a transfer, the sibling
(entering band member) must submit a request in writing to the Vice Presidents
for Student Fundraising. Sibling balances will be transferred exclusively as
points, not cash. If a positive cash deposit balance exists in the account,
refer to item #11 in these rules. Transferred points are non-refundable.
b)
If a student departs from the band program but re-enters the program
within two semesters of his departure, then Points will be restored to their
Student Account. If a student departs from the band program but re-enters the
program more than two semesters after departure, then Points may be restored to
Student Account only if a request is made in writing to the Vice Presidents for
Student Fundraising and approved by the Band Parent membership at a regularly
called meeting.
- Points
already committed for the trips/events in the current year shall be
forfeited and shall not be carried forward to the following year except for
the following reason:
a)
Student is ruled ineligible to participate in the annual trip by House
Bill 72 or other UIL academic rules; or
b)
The student or immediate family is ill (supported by a doctors
statement); or
c)
The trip or event is cancelled; or
d)
There is a death in the students immediate family.
POINTS
COMMITTED TO NON-REFUNDABLE PORTIONS OF TRIP EXPENSES CANNOT BE
REFUNDED FOR ANY REASON.
- Cash
refunds from points earned through the various fund raising activities
sponsored by the Band Parents is prohibited in order to be in compliance
with provisions of Section 501(c) (3) of the Internal Revenue Code of 1986
or corresponding provisions of future laws.
- Student
points in excess of fees accumulate and carry over year to year. This
accumulation occurs since it is likely that throughout a school year a
student will earn points through fund-raising to off-set cash deposits
previously placed in the account. In other words, a cash deposit put into
the account in September, and committed for fall expenses, may be covered
later in the school year via fundraising. Thus, on an annual basis using
June 30th as the last day of the Band Parents fiscal year (or
another date as approved by the Board of Directors), the total points in a
student's account will be reconciled with respect to cash deposits,
fundraising points earned and total balance. Any net cash deposit balances
that may exist will be shown and carried forward as a starting cash deposit
balance on next years Student Points Spreadsheet. At that point, effectively
July 1, the accounting begins anew. Under no circumstances may points from
one year be used to cover previously expended cash from a prior year. Due to
personal financial reasons, a family may desire to have a Cash Deposit
balance refunded. This request must occur in writing to the Vice President
of Student Fundraising no later than 30 days prior to the end of the school
year. For students graduating or leaving the band, positive cash deposit
balances in student accounts points left behind can be designated for
general use or can be specified to the benefit of students in need as a
benevolent fund. Cash Deposits placed into a students account may be
refunded to a student/family under these conditions:
a)
If a cash deposit is replaced by Points earned in Student Fundraising
prior to school years end; OR
b)
If the student withdraws from
Churchill
High School
and the funds have not been committed on behalf of the student; OR
c)
If the student withdraws from the Band Program and the funds have not
been committed on behalf of the student;
d)
However, Cash Deposits will not be refunded if there is a sibling in the
Band Program who has an unreconciled negative balance in another account. The
Vice President of Student Fundraising must receive the request for refund in
writing and be approved by the Band Parents membership.
- Points
shall not be awarded for parent work in concession stands.
- Band
Parents shall be expected to work concession stands for at least two
football games and one non-football event.
- Only
members of the Band parents shall serve as Chaperones. Chaperones shall be
selected from volunteers on a rotation basis. Chaperones shall be the
Chaperone Committee Chair and spouse, Board of Directors and their spouses;
and then, other interested members of the Corporation with preference to
senior parents. Children and other family members of chaperones are not
permitted on the trip as chaperones.
REVISED
APRL 17, 2006
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