BY-LAWS –
ARTICLE 1 – ORGANIZATION
The organization shall be a non-profit charitable corporation organized under Massachusetts General Laws Chapter 180. The name of the organization shall be: Leicester High School Athletic Booster Club.
Its principal address is
A) ACTIVITIES: Where used, applies to all interscholastic athletics of
B) ASSOCIATION: Where used this refers to the Leicester High School Athletic Booster Club.
C) EXECUTIVE BOARD: Where used this refers to the officers and board of directors.
The Association exists for the purpose of broadening the involvement of students; student’s families and friends of the
A) To support, promote and maintain a high standard of integrity and good sportsmanship at the High School.
B) To support, promote and maintain a varied program of activities at the High School.
C) Fund raising to help support the sanctioned interscholastic activities at the High School. `
D) To promote and encourage better attendance at all sanctioned athletic events
E) To promote and encourage more students to get involved in activities as an active participant or as a volunteer.
SECTION 1 – NEEDS
Each coach shall submit through the Principal and the Athletic Director a statement of their activities financial needs over and above the annual Athletic Departments budget.
The Executive Board shall make a reasonable attempt to present funds for disbursement based on those needs as requested under Section 1 of this Article, provided that those needs appear reasonable and necessary and after possible adjustments made to the activities request by the Executive Board.
Parents and friends of all past and present students, current students, school personnel and alumna and such other persons who have an interest in promoting the Association’s purpose are eligible for membership in the Association.
There will be annual membership dues for members of the Association. Dues of $5.00 per member shall be payable at the first meeting of the school year. Individuals who join the Association during the school year must pay their dues within 30 days of their first attended meeting.
Eligibility for voting:
A) Each paid recorded member is eligible to vote.
B) Upon payment of dues, there is a 60 day waiting period for all new members to be eligible to vote.
C) Existing members are eligible to vote upon payment of the current school year’s dues.
The Executive Board may, if they so desire, by two-thirds (2/3) vote, remove a member from membership, if:
A) The member has failed to attend a majority of the meetings; or
B) The member’s activities or conduct indicate the member is no longer eligible for membership; or
SECTION 5 – CONFLICT OF INTEREST
Members must comply with the Association’s “Conflict of Interest Policy”.
See attachment A
The Executive Board shall consist of five (5) members of the Association who are eligible to serve.
The following shall be ex-officio members of the Executive board: Principal, Athletic Director, or Chairperson of the Leicester School Committee. These ex-officio members shall not be counted in determining a quorum and these members have no voting powers on the Executive Board.
The members shall elect the Executive Board at the last meeting of each school year. The Board will be elected as follows: President, Vice President, and one Executive on the even year date. Treasurer and Secretary on the odd year dates. The proposed slate shall be prepared by a nominating committee and the committee may nominate more then one proposed member for each position. Nominations may also be made from the floor at the June meeting in addition to those presented by the Nominating Committee. Those receiving the highest number of votes shall determine the winners, provided that the requirements under Section 2 of this article are met. In the event of a tie for the last position(s) on the Executive board, a special election would be held among those persons who were involved in the tie. The President, with the consent of the nominating committee, may forego the secret balloting and call for election by voice vote if it is deemed that the electors are clearly in favor of such procedure.
The Executive Board shall serve for two (2) years and until there successors are appointed or elected.
A meeting may be called by the President or by a majority of the members of the Board.
A majority of the Executive Board then in office shall constitute a quorum at any meeting of the Executive Board, three (3). When a quorum is present, the vote of the majority shall decide any matter.
The affairs of the association shall be managed by the Executive Board, who may exercise all powers of the Association, except as otherwise provided by law, by the Articles of Organization, or by these By-laws. In addition the specific duties of the Executive Board shall be:
A) To transact necessary business in the intervals between Association meetings and such other business as may be referred to it by the Association.
B) To create standing and special committees.
C) To approve the plans of work of the standing and special committees.
D) To approve subcommittees representing individual activities to raise funds to assist their respective programs and to approve such means of fund raising.
E) To present a report at the regular meeting of the Association.
F) To approve any bills or expenditures.
G) To perform any such duties and powers as are customarily incident to the Board, and such duties and powers as the Association may from time to time determine.
The members may, if they so desire, by two-thirds (2/3) vote at any meeting, or at any special meeting called for that purpose, remove an Executive Board Member.
The office of an Executive Board member who is absent at least three (3) consecutive regular meeting of the Executive Board may be deemed vacant in the discretion of the Board by a two-thirds (2/3) vote of a quorum. Vacancies on the Board may be filled to the expiration of the vacant term by vote of the Executive Board. The requirements under Section 2, Article 5 pertain.
Any member of the Executive Board may resign by notifying the President in writing. Such resignation shall be effective upon receipt.
The officers of the Executive Board and the Association shall consist of President, Vice-President, Treasurer, Secretary, and One E-Board member.
The officers as designated under Section 1 of this Article shall be nominated by and from the Nominating Committee at the June Meeting.
A) President – The President shall be the presiding officer of the Association and shall, subject to the direction of the Executive Board, perform all of the duties of the office.
B) Vice President – The Vice President shall assume the powers and the duties of the President in the event of the absence, death, incapacity, removal, or resignation of the President.
C) Treasurer – The Treasurer shall maintain a complete set of books of account in accordance with generally accepted accounting principles and practices. The Treasurer shall make disbursements from the teams’ encumbered funds and the general fund, and shall pay expenses approved by the Executive Board and shall secure proper vouchers thereof and shall receive and deposit moneys of the Club in the Club’s checking and/or savings account. The Treasurer shall report the amount of money available in the general fund and encumbered funds at each monthly General Membership Meeting. The monthly financial reports shall include an accurate representation of Club funds.
D) Secretary – The Secretary, who is also the Clerk of the Corporation, shall have the duty to keep a record of the minutes of all meetings of the Association and the Executive Board. Also be responsible for all correspondences for the organization.
E) E-Board member – The E-Board member will assist in decisions made by the board and act as a tie-breaking vote in matters that end vote is a tie.
Committees for projects and fundraisers will be appointed by Executive Board.
ARTICLE 8 – FINANCE
SECTION 1 - DONATIONS
A) All monies received by the Club for any purpose, shall be deposited to the credit of the Club in a financial institution or institutions selected by resolution of the Executive Board.
B) Any individual donations of $2500.00 or more will require a signed donation contract between the Booster Club and the donator indicating that the funds have been gifted to the LHS Booster Club as an irrevocable donation (See Attachment B.)
SECTION 2 - FUNDRAISING
Funds raised by the Club that have a specific advertised purpose, shall be deposited (and separately tracked) in the Club’s general fund to ensure that it is disbursed for the advertised purpose and to safeguard the integrity of the Club and the School. No vote is required by the general membership unless the advertised purpose has been altered or changed since the project’s inception.
SECTION 3 – BANK ACCOUNTS
Checking/Savings accounts should have both the President and Treasurers authorized signatures on file to assure availability of funds in the absence of one of the aforementioned parties.
ARTICLE 9 – RELATIONSHIP WITH SCHOOL PRINCIPAL AND
ATHLETIC DEPARTMENT AND ACTIVITIES
The Association shall operate in full support of the school principal, athletic director, advisors and coaches. At no time should the Association make recommendations or become directly involved in the day-to-day operation of the school activity program. The Association serves only to support the school activity program as outlined in its purpose and has no way or direction of policy established by the school principal, athletic director, advisors or coaches.
Should the Leicester High School Athletic Booster Club cease to operate as a legal entity, all of the Club assets and cash will be distributed equally to all active athletic teams.
Attachment A
Conflict of Interest Policy and Disclosure Form
In their capacity as directors, the members of the Leicester High School (“LHS”) Athletic Booster Club, including the Executive Board (“the Board”) as well as voting club members, must act at all times in the best interests of LHS Athletic Booster Club. The purpose of this policy is to help inform the Board/Club members about what constitutes a conflict of interest, assist the Board in identifying and disclosing actual and potential conflicts, and help ensure the avoidance of conflicts of interest where necessary. This policy may be enforced against individual Board members and club members as described below.
1. Board members and club members have a fiduciary duty to conduct themselves without conflict to the interests of LHS Athletic Booster Club. In their capacity as Board/Club members, they must subordinate personal, individual business, third-party, and other interests to the welfare and best interests of LHS Athletic Booster Club.
2. A conflict of interest is a transaction or relationship which presents or may present a conflict between a Board/Club member’s obligations to LHS Athletic Booster Club and the Board/Club member’s personal, business or other interests.
3. All conflicts of interest are not necessarily prohibited or harmful to LHS Athletic Booster Club. However, full disclosure of all actual and potential conflicts and a determination by the disinterested Board/Club members – with the interested Board/Club member(s) being excused from participating in debates and voting on the matter – is required.
4. All actual and potential conflicts of interests shall be disclosed by Board/Club members to the LHS Athletic Booster Club Executive Committee through the annual disclosure form and/or whenever a conflict arises. The disinterested members of the LHS Athletic Booster Club Executive Committee shall make a determination as to whether a conflict exists and what subsequent action is appropriate (if any). The LHS Athletic Booster Club Executive Committee shall inform the Board/Club of such determination and action. The Board shall retain the right to modify or reverse such determination and action, and shall retain the ultimate enforcement authority with respect to the interpretation and application of this policy.
5. On an annual basis, all Board/Club members shall be provided with a copy of this policy and required to complete and sign the acknowledgment and disclosure form below. All completed forms shall be provided to and reviewed by the LHS Athletic Booster Club Executive Committee, as well as all other conflict information provided by Board/Club members.
I have read the LHS Athletic Booster Club Conflict of Interest Policy set forth above and agree to comply fully with its terms and conditions at all times during my service as a LHS Athletic Booster Club Board/Club member. If at any time following the submission of this form I become aware of any actual or potential conflicts of interest, or if the information provided below becomes inaccurate or incomplete, I will promptly notify the LHS Athletic Booster Club President & Executive Board in writing.
Disclosure of Actual or Potential Conflicts of Interest: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Club Member Signature: _________________________________________________________
Club Member Printed Name: _______________________________________________________ Date: _____________________________________________________
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Attachment B
Leicester High School Athletic Booster Club
Donation Contract
EIN: 20- 2546332
Date: _______________________
Donor Name: ___________________________________________________________
(please print)
Amount of Cash Donation: $_______________________________________________
I (we), _____________________________________, have gifted funds, as mentioned above, to the Leicester High School Athletic Booster Club. I understand that this donation is irrevocable and entrust the LHS Booster Club to appropriate these funds as needed.
______________________________________________________________________________
Donor’s Signature Date
Accepted by (LHS Booster Club Member) Date
Your donation will be tax deductible to the fullest extent possible under current tax law.
Amendments
I certify the above is true copy of the By-Laws of the Leicester High School Athletic Booster Club, adopted by the association on October 19th, 1989
March 10, 2010
Michelle Wickson Date
Secretary
I certify the amendments to Article 1, Organization; Section 2, to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the amendments to Article 2- Purpose to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the amendments to Article 3- Membership; now referred to as Article 3- Funding to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the amendments to Article 4- Membership; Section 2, 3 and 4 to be amended, Section 5- Conflict of Interest Policy, added as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the amendments to Article 5- Executive Board; Section 4 to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the amendments to Article 6- Officers; Section 3 ` to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the insertion of “Finance” now referenced as Article 8 to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President
I certify the amendments to Article 8- Distribution of Assets upon Dissolution; Now referenced as Article 10, to be amended as written in this By-Law of the Leicester High School Athletic Booster Club on March 10, 2010
March 10, 2010
Wendy O’Neill Date
President