ABOUT US

The NHHS Band Boosters is a 501(c)3 Non-Profit group that supports the students in the New Hanover High School band program. School budgets are limited which means band members and their families are responsible for covering many of the costs including, uniforms, food at band camp & football games, and transportation to special events. The Band Boosters organize many fundraising events throughout the year, including the annual JAZZ GALA and the "We Just Want To Play" Volleyball Tournament and Raffle. Parents are encouraged to either donate or participate in these events to help raise the funds that support band activities.

2018-2019 Band Boosters Board

President Dana King dtking40@gmail.com

Vice President Leila Garriss ljrgarriss@gmail.com

Co-Treasurer Rich Gehron feb31films@gmail.com

Co-Treasurer Jon Winkler jonathanwinkler19@gmail.com

Secretary Renee Zukerman dzukerman@ec.rr.com

BY LAWS

Revised: March 13, 2018

Article I: Name

The name of this association shall be the New Hanover High School Band Boosters (NHHS-BB), hereinafter also referred to as the Band Boosters. NHHS is a public High School located in the county of New Hanover, city of Wilmington, North Carolina.

Article II: Articles of Organization

The articles of the organization of the NHHS-BB are self-contained in the bylaws of this association.

Article Ill: Objectives

Section 1. The objectives of this association are:

a. To provide positive and active support and assistance for the benefit of the band program of New Hanover High School.

b. To provide financial support in all aspects of the NHHS band program by engaging in sound fundraising activities and by seeking the acceptance of donations.

c. To cooperate with the director of the NHHS band so that he can better use his talents to develop the mental, physical, and musical skills of our students.

d. To maintain an enthusiastic public interest in all phases of the band program of New Hanover County Schools.

Section 2. The NHHS-BB is organized exclusively for the charitable and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1954 or corresponding section of any further federal tax code (hereafter "Internal Revenue Code”).

Article IV: Basic Policies

The following are basic policies of the Band Boosters association.

a. The NHHS-BB shall be noncommercial, nonsectarian, and nonpartisan.

b. The name of the NHHS-BB 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 purposes not appropriately related to promotion of the objects of this association.

c. The NHHS-BB shall not -- directly or indirectly participate or intervene (in any way, including the publishing or distributing or statements) in any political campaign on behalf of, or in opposition to, any candidate for public office; or devote more than an insubstantial part of its activities to attempting to influence legislation by propaganda or otherwise.

d. No part of the net earnings of this NHHS-BB shall inure to the benefit of, or be distributable to its members, directors, trustees, officers, or other private persons except the NHHS-BB shall be authorized and empowered to pay reasonable compensations for services rendered and to make payments and distributions in agreement with the purposes set forth in Article Ill hereof.

e. Notwithstanding any other provision of these articles, the NHHS-BB shall not carry on any other activities not permitted to be carried on by (i) by an organization exempt from federal income tax under Section 501 (c)(3) of the Internal Revenue Code, or (ii) by an organization, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code.

f. Upon dissolution of the NHHS-BB, after paying or adequately providing for the debts and obligations of the NHHS-BB, the remaining assets shall be turned over to NHHS or a tax exempt status covered under Section 501 (c)(3) of the Internal Revenue Code.

g. This organization shall at all times comply with the guidelines for Parent Support Organizations as set forth by the New Hanover County Board of Education. To the extent that any provision of these bylaws is inconsistent with such guidelines, the provisions of such Guidelines shall control.

h. (Parliamentary Authority.) The rules contained in the current edition of "Robert's Rules of Order Newly Revised" shall govern the NHHS-BB in all cases in which they are applicable and in which they are not in conflict with these bylaws,

Article V: On Bylaws and Records

Section 1. Bylaws of the NHHS-BB shall include a provision establishing a quorum.

Section 2. Approval of the bylaws of the NHHS-BB must require the affirmative vote of 2/3 of the members present and entitled to vote at a special meeting, a quorum being present.

Section 3. The NHHS-BB shall adopt such bylaws for the government of the organization.

Section 4. Bylaws of the NHHS-BB shall include an article on amendments.

Section 5. Each officer or board member of the NHHS-BB shall be elected by the membership at large of this organization.

Section 6. The NHHS-BB shall keep such permanent books of account and records as shall be sufficient to establish the items of gross income, receipts, and disbursements of the organization, including, specifically, the number of its members, and the dues collected from its members. Such books of account and records shall at all reasonable times be open to public inspection.

Section 7. Should the annual income of the NHHS-BB exceed tax exempt limits imposed by the Federal Government on organizations of this type, appropriate tax forms shall be filed with the IRS.

Section 8. The NHHS-BB is not affiliated to a North Carolina state or national Band Booster organization and thus it cannot be terminated by decree of such organizations.

Section 9. Should the NHHS-BB be dissolved under any circumstances, the organization is obligated:

a. To yield up and surrender all of its books and records to NHHS.

b. To cease and desist from the further use of any name that implies association of the NHHS.

c. To carry out promptly all proceedings necessary or desirable for the purpose of dissolving the NHHS-BB.

Article VI: Membership and Contributions

Section 1. Any parent or guardian who has a child enrolled in New Hanover High School Band will automatically become a voting member of the organization. All other members shall be non-voting members. Non-voting members can become voting members by actively participating in band functions and attending two (2) prior meetings.

Section 2. Membership in the NHHS-BB shall be made available by the NHHS-BB to anyone interested in the welfare of the NHHS band without regard to race, color, creed, or national origin.

Section 3. Membership contributions to the NHHS-BB may be made in cash or by checks payable to the NHHSBB. Though the contributions are completely voluntary, the NHHS-BB reserves the right to charge members for refund of bank fees resulting in bounced checks.

Section 4. Before this NHHS-BB can be dissolved, the following procedures must be followed:

a. A special meeting inviting all the members must be convened to consider the action.

b. All members must be notified at least 30 days prior to the date of such meeting.

c. At this meeting, any member of the NHHS-BB who wish to be recognized must be allowed to speak regarding this action with a time limit determined in advance at the discretion of the executive board.

d. Approval of dissolution of the NHHS-BB shall require the affirmative vote of at least two thirds of the members present and entitled to vote at the special meeting, a quorum being present.

Article VII: Officers and Their Election

Section 1. The officers of the NHHS-BB shall abide by, promote and represent the objects, mission, bylaws, policies, and procedures of NHHS-BB.

Section 2. Each officer or board member of the NHHS-BB shall be a member of the NHHS-BB.

Section 3. All officers of the NHHS-BB shall be elected by the membership of the NHHS-BB.

Section 4. Officers (executive committee) and their election:

a. The officers of the NHHS-BB shall consist of a president, vice-president, secretary, and treasurer. Two persons may be elected co-holders of any office.

b. The executive committee of the NHHS-BB shall include as the band director and the principal of the school, as specified by Article IX of these bylaws.

c. Officers shall be elected by ballot in May (monthly May meeting). However, if there is but one candidate or co-candidate for any office(s), upon adoption of a motion from the floor, the election for that office (or those offices) may be by voice vote.

d. Officers shall assume their official duties at the first meeting in July following their election, shall serve for a term of 1 year, and shall remain in office until the close of school of the next election year or until their successors are elected.

e. An officer may serve a second consecutive term if nominated and elected by the general membership.

f. A person, except the principal and band director, shall not be eligible to serve more than two (2) consecutive terms in the same office. (Anyone who has served more than one-half of a term shall be credited with having served that term.)

g. A person shall hold no more than one elected NHHS-BB position at a time.

Section 5. Nominating Committee

a. At the March meeting, a nominating committee of at least three members shall be appointed by the President.

b. Recommendations for nominations may be made to the nominating committee by any member of the NHHS-BB.

C. The President shall not serve on the nominating committee but shall orient the committee to its duties and procedures at its first meeting.

d. No meeting of the nominating committee shall be held with fewer than three (3) members in attendance.

e. The nominating committee must report its nominees to the executive committee at least 5 days prior to its report at the election meeting. The election meeting shall take place at the general membership meeting in May. Additional nominations may be made from the floor at the May meeting.

f. Only those persons who have agreed to serve if elected shall be nominated for or elected to an office. Current officers may be asked to retain their office.

Section 6. All candidates must be voting members of NHHS-BB.

Section 7. Vacancies:

a. If an office remains unfilled after the election, it shall be considered a vacant office to be filled by a person elected by a majority vote of the new executive committee, all members of the new executive committee having been notified at least five days in advance.

b. If an officer or appointee either fails to attend three (3) consecutive meetings without adequate excuse or fails to perform the duties of his office, the members of the executive committee shall meet and declare the office or position vacant.

c. All resignations must be made in writing to the president.

d. Should a vacancy occur in the office of the president prior to expiration of the term, the vice-president shall fill that vacancy for the remainder of the term. At that time the new president shall serve notice of the election of a new vice-president. A vacancy occurring in any other office prior to expiration of the term shall be filled for the remainder of the term by a person elected by a majority vote of the remaining members of the executive committee, all members of the committee having been notified.

Article VIII: Duties of Officers

Section 1. The President (or co-President) shall:

a. Preside at all meetings of the NHHS-BB and the executive committee.

b. Coordinate the work of the officers, commissions and committees of the NHHS-BB to ensure objectives are completed.

c. Co-sign all checks.

d. Perform such other duties as maybe prescribed in these bylaws or assigned to the president by the

NHHS-BB or by the executive committee.

e. Be a member ex-officio of all commissions and other committees but shall not serve on the nominating Committee.

f. Appoint a parliamentary adviser, as appropriate, subject to approval of the executive committee.

g. Appoint the chairman of special committees.

h. Orient the nominating committee to its duties and procedures at its first meeting.

i. Shall designate the NHHS-BB webmaster to maintain the organization's website.

Section 2. The Vice-President shall:

a. Be responsible for the telephone committee. Keep all committee members informed and make sure all calls are made.

b. Be responsible for getting chaperones for different activities of the band except band camp.

c. Work under and in cooperation with the president and fulfill such other duties as assigned by the executive or the president.

d. As appropriate, attend meetings with the president.

e. In the absence or inability of the president to act, perform the duties and exercise the powers of the president.

f. Sign signature card for the NHHS-BB band account.

Section 3. The Secretary shall:

a. Record the minutes of all meetings of the NHKS-BB including the executive committee, general meetings and fundraising committee, including the motions and actions taken. Minutes will be posted on the website.

b. Distribute public relations announcements to the County Board office, Weekly Wildcat, Band website, newspapers, radio, etc.

c. Have and bring to all meetings a current copy of these bylaws.

d. Maintain an accurate and current membership list.

e. Conduct correspondence and perform such other duties as may be delegated to this office by the president or the executive board.

Section 4. The Treasurer shall:

a. Have custody of and be responsible for all funds for the NHHS-BB.

b. Be a member of the fundraising committee.

C. Use an online accounting program so reports can be generated easily.

d. Collect and keep a full and accurate account of receipts and expenditures of all monies of the NHHS-BB.

e. Develop, with the executive committee, an annual budget to be distributed to and approved by the membership of the organization at the September meeting of the school year.

f. Make disbursements as authorized by the president, executive committee or the NHKS-BB, in accordance with the budget adopted by the NHHS-BB.

g. Sign all checks and maintain a balanced checking account for the NHHS-BB.

h. Require an official NHHS-BB check be used for all purchases when the North Carolina NHHS-BB tax exempt number is used.

i. There must be two signatures on all checks. The signatures will be that of the President and Treasurer with voucher and receipt attached. Sign signature card in June for the NHHS-BB bank account.

j. Vouchers must be signed for any purchase made.

k. Make monthly remittance of membership contributions.

l. Present a financial statement at every meeting of the NHHS-BB and at other times when requested by the executive committee.

m. Be responsible for the maintenance of such books of account and records as conform to the requirements of Article V, Section 6, of these bylaws.

n. Submit the books annually or upon the change of officer for an audit by an auditor or an auditing committee as specified in section 5.

0. Investigate ways to avoid bank excess charges during months with large number of transactions, and ways to shift moneys to higher interest CDs during summer inactivity periods.

Section 5. The books of the treasurer shall be examined annually and upon change of officer by an auditor or an auditing committee of not fewer than three (3) members, who, satisfied that the treasury accounts are correct, shall sign a statement of that fact.

a. The executive committee shall appoint the auditor or auditing committee at least two weeks before the annual meeting.

b. The auditor or any member of the auditing committee shall not be any officer who may sign the checks or related to any of the officers who may sign the checks of the NHHS-BB.

c. The auditor or auditing committee shall submit its report to the executive committee by the close of the fiscal year, and the report shall be presented for adoption at the first general membership meeting of the new school year.

d. The executive committee shall not accept un-audited financial records.

e. In the event of a vacancy in the office of treasurer, the books shall be audited before the new treasurer takes office.

Section 6. All officers shall:

a. Perform the duties prescribed in the parliamentary authority, in addition to those outlined in these bylaws and those assigned from time to time.

b. In the case of resignation, without delay, or upon the expiration of their term of office, not later than 10 days following to close of school, deliver to the successors all official materials pertaining to their office.

Article IX: Executive Committee:

Section 1. The NHHS-BB Board shall consist of the elected officers of the NHHS-BB. The Executive Committee consists of all members of the Board, the band director and the principal of NHHS.

Section 2. ANHHS-BB member shall not serve as a voting member of the NHHS-BB board while serving as a paid employee of, or under contract to, the NHHS-BB.

Section 3. The duties of the executive committee shall be to:

a. Plan and determine a calendar which includes the dates of general membership

b. Transact necessary business in the intervals between general membership meetings.

c. Fill vacancies in offices

d. Create commissions and special committees.

e. Approve the plans of work of the commissions and special committees.

f. Report on regular meetings of the NHHS-BB.

g. Select an auditor or an auditing committee to audit the treasurer's accounts.

h. Develop an annual budget to be distributed to and approved by the NHHS-BB at the September meeting of the school year.

Section 4. The executive committee shall meet as soon as the officers have been duly elected, for the purpose of formulating tentative plans for their term of office and, if applicable, selecting commissioners and committee chairmen.

Section 5. Regular meetings, (Monday prior to the general meeting) of the executive committee shall be held during the year, the time to be fixed by the committee at its first meeting of the year. A majority of the executive committee members shall constitute a quorum. Special meetings of the committee may be called by the president or by a majority of the members of the committee, all members of the committee having been notified.

Article X: General Membership Meetings

Section 1. Monthly meetings of the NHHS-BB shall be held during the school year. Meetings shall be held on the first Tuesday of each month except in December and July. All meetings will begin promptly at 6:15PM.

Section 2. Special meetings of the NHHS-BB may be called by the president or by a majority of the executive committee.

Section 3. Six (6) members shall constitute a quorum for the transaction of business in any general membership or special meeting of the NHHS-BB.

Section 4. At every membership meeting, each voting member shall be entitled to one vote. Voting by Proxy shall not be permitted. Decisions of every question shall be by majority vote of the members present and voting, unless otherwise provided herein.

Article XI: Standing Committees

Section 1. Only members of the NHHS-BB shall be eligible to serve in any elected or appointive positions.

Section 2. The executive committee may create such standing committees as it or the NHHS-BB may deem necessary to promote the objectives and carry on the work of the association.

Section 3. The chairman of each standing committee shall be present a plan of work and submit a budget prior to any expenditure to the executive committee for approval. No work shall be undertaken without consent of the executive committee.

Section 4. Inasmuch as a special committee is created for a specific purpose, it automatically goes out of existence when its work is done and the executive committee receives its final report.

Article XII: Amendments

Section 1. Proposed amendments to these bylaws may be submitted in writing by the membership at large at regular meetings of the membership.

Section 2. Amendments to these bylaws must be reviewed by the NHHS Band Director to assure there is no conflict with school regulations. No changes will be made that violate school regulations.

Section 3. Adoption of amendments to these bylaws shall require two-thirds (2/3) majority vote of the

membership in attendance at the following regular monthly meeting.

Appendix A. Conflict of Interest statement

Article 1 Purpose

The purpose of the conflict of interest policy is to protect the NHHS-BB interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the NHHS-BB or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

Article 2 Definitions

1. Interested Person Any officer or member of a committee with governing board delegated powers, who has a direct or indirect financial interest, as defined below, is an interested person.

2. Financial Interest

A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:

a. An ownership or investment interest in any entity with which the NHHS-BB has a transaction or arrangement,

b. A compensation arrangement with the NHHS-BB or with any entity or individual with which the NHHS-BB has transaction or arrangement, or

c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the NHHS-BB is negotiating a transaction or arrangement.

Compensation includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

A financial interest is not necessarily a conflict of interest. Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

Article 3 Procedures

1. Duty to Disclose

In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board delegated powers considering the proposed transaction or arrangement.

2. Determining Whether a Conflict of Interest Exists

After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide if a conflict of interest exists.

3. Procedures for Addressing the Conflict of Interest

a. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.

b. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or Committee to investigate alternatives to the proposed transaction or arrangement.

c. After exercising due diligence, the governing board or committee shall determine whether the NHHS-BB can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.

d. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the NHHS-BB's best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination it shall make its decision as to whether to enter into the transaction or arrangement.

4. Violations of the Conflicts of Interest Policy

a. If the executive committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.

b. If, after hearing the member's response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Article 4 Records of Proceedings

The minutes of the executive committee and all committees with board delegated powers shall contain:

a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest, the nature of the financial interest, any action taken to determine whether a conflict of interest was present, and the executive committee or committee's decision as to whether a conflict of interest in fact existed.

b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with the proceedings.

Article 5 Compensation

a. A voting member of the governing board who receives compensation, directly or indirectly, from the NHHS-BB for services is precluded from voting on matters pertaining to that member's compensation.

b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the NHHS-BB for services is precluded from voting on matters pertaining to that member's compensation.

c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the NHHS-BB, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

Article 6 Annual Statements

Each officer and member of a committee with governing board delegated powers shall annually sign a statement which affirms such person:

a. Has received a copy of the conflicts of interest policy,

b. Has read and understands the policy,

c. Has agreed to comply with the policy, and

d. Understands the NHHS-BB is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more of its tax exempt purposes.