CONSTITUTION & BYLAWS OF THE

MOUNTAIN HOUSE HIGH SCHOOL ATHLETIC BOOSTER CLUB

 

ARTICLE I - NAME AND LOCATION

  • Name
    • The name of this organization is the “Mountain House High School Athletic Boosters Club”,
      hereinafter referred to as the “Boosters”.
  • Location
    • The Executive Committee shall have full power and authority to select and change the principal office location of the Boosters from one location to another so long as said principal office remains within the County of San Joaquin, State of California.

ARTICLE II - PURPOSE

  • Specific Purpose
    • The purpose of the Boosters is to encourage and sponsor interscholastic girls and
      boys athletic activities at Mountain House High School, hereinafter referred to as “MHHS”, and to
      provide such equipment, uniforms, facilities, and training for such activities as may be deemed
      advisable by the Boosters and acceptable to the MHHS Administration and the Lammersville
      Unified School District, hereinafter referred to as “LUSD”.
  • Special Purpose
    • A special purpose of the Boosters is to raise and disseminate funds in support of MHHS interscholastic sports programs in a fashion deemed advisable by the Boosters and acceptable to the MHHS Administration and the LUSD.
  • Non-profit Status
    • This organization is organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code.

ARTICLE III - BASIC POLICIES

  • The following are the basic policies of the Boosters:
    • The Boosters shall be noncommercial, nonsectarian, and nonpartisan.
    • The name of the association or the names of any members in their official capacities
      shall not be used to endorse or promote a commercial concern or in connection with
      any partisan interest or for any purpose not appropriately related to the promotion of the
      purpose of the organization.
    • The organization shall not enter into membership with other organizations except
      with the approval of the executive board, but may cooperate with other organizations
      and agencies concerned with the welfare of athletes and other students.
    • The Boosters shall not--directly or indirectly--participate or intervene in any way in
      any political campaign on behalf of, or in opposition to, any candidate for public office.
    • No part of the net earnings of the Boosters shall benefit, or be distributable to its members,
      directors, trustees, officers or other private persons except that the organization shall be
      authorized and empowered to pay reasonable compensation for services rendered and to make
      payments and distributions in furtherance of the purposes set forth in Article II.
    • Upon the dissolution of this organization, after paying or adequately providing for the
      debts and obligations of the organization, the remaining assets shall be distributed to a
      non-profit fund, foundation, or corporation which is organized and operated exclusively
      for charitable or educational purposes and which has established its tax-exempt status
      under Section 501(c)(3) of the Internal Revenue Code. Preference shall be given to
      such organization(s) whose work specifically supports the activities of MHHS and its students.

ARTICLE IV - MEMBERSHIP AND DUES

  • Eligibility
    • Membership in the Boosters shall be open to parents, guardians, and family
      members of students; faculty, staff, and graduates of MHHS; and any other individual or
      organization supporting the purposes of the Boosters. Membership shall be made
      available without regard to race, color, creed, sexual orientation, or national origin.
  • Term of Membership
    • Membership shall be annual for a school year, (July 1 to June 30th), shall become
      effective for a year or portion thereof upon payment of the annual membership fee, and
      shall remain effective until the following June 30th.
  • Honorary Membership
    • Honorary Membership shall be awarded at the discretion of the Executive Committee. Honorary members shall be entitled to all privileges of regular membership.
  • Ex Officio Membership
    • The Principal or his/her designee, and the Athletic Director shall be ex officio members of the Athletic Booster Board without vote. They may choose to join as regular members and will then be entitled to all privileges of regular membership.
  • Dues
    • Membership dues shall be established at the annual election meeting. Any changes in membership dues must be approved by a majority vote of those members present and voting at a regular membership meeting.

ARTICLE V - OFFICERS AND THEIR ELECTION

  • Eligibility
    • The privilege of holding office shall be limited to members of the organization whose dues are paid and who have been members of the organization for at least thirty (30) days previous to nomination, with the exception of founding officers.
  • Officers
    • Officers of this organization shall be a president, one (1) or two (2) vice presidents, secretary, treasurer, and parliamentarian. Officers may choose to serve as co-leaders in any of these positions, in which case each person serving as a co-officer has a vote. These officers shall be elected annually.
  • Nomination and Election
    • Nominations for office shall be made by a nominating committee which shall be appointed by the Board at least two months before the annual election meeting in May.
    • The Nominating Committee shall be composed of three (3) members. The committee shall select its own chairman.
    • No member shall serve on the nominating committee for more than two (2) consecutive years.
    • The report of the nominating committee shall be submitted to the membership at least thirty (30) days prior to the annual election meeting. At the annual election meeting additional nominations may be made from the floor.
    • Only those persons who are eligible and who have signified their consent to serve if elected shall be nominated for or elected to office.
    • The officers shall be elected by a majority vote of those present at the annual election meeting.
  • Term of Office
    • Officers shall be elected to serve for a term of one (1) year, or until successors have been elected.
    • Officers may be elected for a maximum of four (4) consecutive terms in one position.
    • No person may hold more than one elected office.
    • Terms shall commence on July 1 and end on June 30.
    • A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority vote of the board.

ARTICLE VI -- DUTIES OF OFFICERS (co-officers if appropriate)

  • President
    • The president shall:
      • Preside at all meetings of the Boosters, the Boosters Board, and Executive
        Committee.
      • Be a member ex officio of all committees.
      • Appoint all committee chairmen subject to the ratification of the Board.
      • Coordinate the work of officers and committees in order that the purposes of the organization may be promoted.
  • Vice President(s)
    • The vice president(s) shall:
      • Act as aide(s) to the president and shall perform the duties of the president in the absence or inability of that officer to act.
      • Have such other powers and perform such other duties as from time to time may be prescribed by the President or by the board.
  • Secretary
    • The secretary shall:
      • Keep an accurate record of the proceedings of all meeting of the Membership, Booster Board, and Executive Committee.
      • Record all expenditures and ratification of all written checks in the minutes.
      • Prepare and disseminate minutes of the meetings to appropriate administrative staff, Athletic Director, Assistant Athletic Director, and Board Members.
      • Shall keep a current copy of the Bylaws and the Standing Rules.
      • Be responsible for the preparation and counting of any necessary ballots.
      • Shall send correspondence deemed necessary by the President and the Board.
      • Perform such other duties as may be delegated to the secretary.
  • Treasurer
    • The treasurer shall:
      • Receive monies of the Boosters, keeping an accurate record thereof, and shall deposit them in the name of the MHHS Athletic Boosters in a bank or banks approved by the Board.
      • Pay all bills as authorized by the Booster Board or the organization.
      • Keep an accurate record of receipts and disbursements which is a permanent record of the Boosters. All other financial records must be retained for seven years, including the current year.
      • Present a statement of account at every meeting of the Board and general membership meeting, and when otherwise requested by the Board.
      • Make an annual financial report in September to the membership which includes gross receipts and disbursements for the year.
      • File such annual reports with the Internal Revenue Service, the State of California, and local agencies as required by law.
      • Prepare an annual budget and a sports specific budget to be presented at the membership meeting in April for review, with the final budget for the following year approved at the May meeting. Updates to the budget are to be discussed at the monthly membership meetings and accepted with majority approval.
      • Get and maintain insurance coverage for director liability and any other insurance coverage deemed necessary that is approved at a membership meeting.
  • Parliamentarian
    • The parliamentarian shall:
      • Advise the presiding officer on parliamentary law and matters of procedure when requested.
      • Maintain a copy of Roberts Rules of Order Newly Revised and the bylaws at all meetings, and be familiar with them.
  • Failure to Attend Meetings
    • When an Officer or Committee Chairperson fails to attend three (3) consecutive meetings without adequate excuse or when an officer fails to perform the prescribed duties of the office, the Board may declare the office vacant.
  • Expiration of Term or Resignation
    • Each Officer or Committee Chairperson, upon expiration of his or her term of office or in case of resignation, shall turn over to the president without delay, all records, books and other materials pertaining to the chairmanship, and shall return to the treasurer, without delay, all funds belonging to the Boosters.

ARTICLE VII - BOOSTER MEETINGS

  • Meetings
    • Booster meetings shall be held in the third week of August, September, October, November, January, February, March, April, and May of the school year unless otherwise indicated by the Board.
  • Annual Election Meeting
    • The annual election meeting shall be held in May in conjunction with the regular meeting of that month.
  • Special Membership Meetings
    • Special Meetings may be called at any time, for any reason, in any of the following ways:
      • By the Booster president
      • By a request to the president of at least (3) Booster Board Members.
      • By a written petition signed by at least fifteen (15) general members of the Boosters. Such petition shall be presented to the president who shall call such meeting within one week after notification of members.
  • Participation
    • The privilege of making motions, debating and voting shall be limited to members of the Boosters who are present and whose dues are paid and who have been members of the organization for at least the previous ten (10) days.
  • Quorum for General Meetings
    • A quorum for general membership meetings shall consist of at least three (3) officers and at least five (5) members in total. The officers may be counted as part of the five
  • Voting
    • At general membership meetings, all members of the Boosters may vote by voice or written ballot as directed by the presiding officer. The membership may, by majority vote, request a written ballot vote on any item. Proxy and absentee voting are expressly prohibited.

ARTICLE VIII -- BOOSTER BOARD OF DIRECTORS

  • Composition
    • The Booster Board of Directors shall consist of the duly elected officers and the committee chairpersons. The MHHS Principal or his designee, the Athletic Director and Assistant Athletic Director shall be non-voting ex  officio members of the Board and are welcome at all regular Booster meetings.
  • Duties
    • The Booster Board:
      • Shall transact necessary business between meetings of the organization and shall transact such other business as may be referred to it by the general membership.
      • May authorize the payment of organization bills within the limits of the budget adopted by the organization. Such action shall be ratified at the next organization meeting and must be recorded in the minutes.
      • May authorize the payment of other non-budgeted organization bills not to exceed $2000 between meetings of the organization. Ratification of payment of these bills must occur at the next organization meeting and must be recorded in the minutes.
      • Shall create such committees as are deemed necessary to carry out the work of the organization.
      • Shall fill all vacancies in office, including that of president.
      • Shall receive a financial report from the treasurer at each meeting.
      • May authorize the payment of other non-budgeted organization bills not to exceed $1000 for coaches out of their accounts between meetings of the organization. Ratification of payment of these bills must occur at the next organization meeting and must be recorded in the minutes.
  • Quorum
    • A majority of Board members (or 50% when there is an even number of Board members) shall constitute a quorum for Board meetings. A majority of Board or general members present who vote on any particular issue will suffice to pass that issue.
  • Special Action
    • For situations requiring Booster Board action that occur where there is not time to constitute a quorum at a meeting, the Board may be polled by the President on an issue. In this instance, a majority of the responding Board membership must vote affirmatively for the action to be declared passed. A Board Member may vote in absentia or via proxy.
  • Year End Reports
    • At the end of each term of office and/or upon completion of a specific responsibility, each Booster officer or committee chairman is responsible for submitting a comprehensive written report of the activity for which he or she was responsible if requested by the Executive Committee. This is to become a part of the permanent record of the Boosters to aid subsequent persons in each responsibility area.
  • Permanent Records of the Boosters
    • The president shall be responsible for maintaining the permanent records of the Boosters during his or her term of office, and for passing it on to the next President.
    • The Treasurer shall be responsible for maintaining all financial records of the Boosters during his or her term of office and for passing it on to the next Treasurer.

ARTICLE IX -- EXECUTIVE COMMITTEE

  • Composition
    • The Executive Committee consists of the elected officers of the Booster Board: the president, vice president(s), secretary, treasurer, and parliamentarian. If positions are shared, then both co-leaders are members of the Executive Committee.
  • Meetings
    • The Executive Committee shall meet when called by the president. The president must call a special meeting upon the written request of three (3) members. Meetings must be held within one week of receipt of a written request. All Executive Committee Members must be notified of special meetings as soon as possible. The Executive Committee shall make recommendations to the Booster Board.

ARTICLE X -- COMMITTEES

  • Required Committees
    • The Board shall create such Committees necessary to carry on the work of the Boosters. The quorum for a committee meeting shall be a majority of its members.
  • Chairmen
    • The chairmen of committees shall be appointed by the president subject to the ratification of the Board. The Chairmen shall be considered to be members of the Booster Board.
  • Term of Office
    • The term of office for a chairman shall be one year or until successors have been appointed.
  • Plan of Work
    • The chairmen shall consult with the president or designated elected officer concerning plans of work. No work shall be undertaken without such consultation.
  • Reports
    • Reports shall be compiled annually by all chairmen and filed with the president.

ARTICLE XI -- FUNDS

  • Funds required for the purposes of the Boosters shall be raised by annual dues, donations, and such other fund-raising activities as the Boosters may undertake from time to time. The Board will establish methods of designation and distribution of said funds taking into account the stated preferences of donors, the requests of the Athletic Directors, and the Administration.

ARTICLE XII -- STANDING RULES

  • Specific Standing Rules designating operational details of the Boosters shall be
    maintained separately from these Bylaws and shall govern certain policies and
    procedures of the Boosters. They shall in no case be in conflict with these Bylaws, and
    these Bylaws shall always take precedence over such Standing Rules.
    The Standing Rules may be changed by a majority vote at any Board or General
    Membership meeting, providing the required quorum is present. Such changes will take
    effect immediately. The Standing Rules will be updated and maintained by the Booster
    Secretary who is responsible for recording and dating each official modification of
    Booster policy and procedure.

ARTICLE XIII -- BYLAWS

  • Articles of Organization
    • The articles of organization of the Boosters comprise these Bylaws, as from time to
      time amended.
  • Revision and Amendment
    • These Bylaws may be amended by a majority vote of those present and voting at a General Membership Meeting. Proposed amendments must first be approved by the Board, whose members shall receive them at least one month prior to the meeting at which they will be voted upon. The membership shall receive notification at the previous meeting that Bylaws revisions and/or amendments are to be voted upon at a General Membership meeting.
  • Review
    • These Bylaws shall be reviewed at least every other year by a committee appointed by the president.

ARTICLE XIV -- FISCAL YEAR AND IRS NUMBER

  • Fiscal Year
    • The fiscal year of the Boosters shall begin July 1 and end June 30.
  • IRS Number
    • The Internal Revenue Service Employer Identification number for the Boosters is ######

ARTICLE XV -- PARLIAMENTARY AUTHORITY

  • The rules contained in the current edition of Robert’s Rules of Order Newly Revised
    shall govern this organization in all cases in which they are applicable and in which they
    are not in conflict with these Bylaws.