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Constitution
Article I
NAME: Our name shall be the Lyndonville Music Boosters, hereafter referred to as LMB.
Article II
OBJECTIVES:
Sec. I To create and maintain a year-round enthusiastic interest and favorable attitude toward the various phases of the music department of Lyndonville School District.
Sec. II To lend all possible support, moral, physical, and financial, to the music programs of Lyndonville Central School District.
Sec. III To cooperate with those in charge of the music department and the school Board of Education to the end that this department shall maintain the highest possible degree of efficiency.
Sec. IV To build and maintain an organization that will help promote the general activities of the music department, and when necessary, provide some general assistance: ushering, chaperonage, transportation, financial aid, and public relations work.
Sec. V The Lyndonville Music Boosters is organized exclusively for charitable, educational, religious or scientific purposes, within the meaning of section 501(c)(3) if the Internal Revenue Code (or corresponding section of any future Federal tax code.)
Sec. VI No part of the net earnings of the Lyndonville Music Boosters shall inure to the benefit of, or be distributable to its members, trustees, directors, officers or other private persons, except that to the Lyndonville Music Boosters shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Section 501(c)(3) purposes. No substantial part of the activities of the Lyndonville Music Boosters shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Lyndonville Music Boosters shall not participate, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office.
Notwithstanding any other provision of these articles, the Lyndonville Music Boosters shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code.)
Article III
MEMBERSHIP: The membership of the LMB shall be composed of all interested persons, including all parents of Elementary, Middle and Senior High School students who are participating in the performing groups of the music department of Lyndonville Central School District.
Article IV
OFFICERS: The officers of the organization shall be as follows: President, Vice-President, Secretary and Treasurer(s). To ensure broad representation, no husband and wife may serve simultaneously as elected officers.
By-Laws
Article I
DUTIES OF OFFICERS:
Sec. I The President shall preside at all meetings, appoint all committees, and shall be an ex-officio member of all committees. The President shall distribute an agenda of the meeting.
Sec. II The Vice-President shall assume all the duties of the President in his/her absence, and he/she shall assist the President in carrying out his/her duties.
Sec. III The Secretary shall keep the records and minutes of all meetings and attend to the correspondence. The Secretary shall submit meeting notices.
Sec. IV The Treasurer(s) shall keep an accurate record of all receipts and disbursements, showing each activity separately, as well as a complete record of all funds. The Charitable Organizational Supplement Report must be prepared and submitted to the Attorney General of the State of NewYork as mandated by state and federal laws.
Sec. V All officers shall be elected at the final spring meeting. If there is only one nominee
per office, there shall be no vote.
Sec. VI Term of office shall be one year, running from July 1 through June 30.
Article II
THE EXECUTIVE BOARD:
Sec. I The executive board shall be composed of the officers of LMB and the directors of the Lyndonville music department.
Sec. II The executive board shall have general supervision of the affairs of LMB.
Sec. III The executive board shall communicate to the President any business to be transacted at the meeting prior to each meeting.
Sec IV In the event of a vacancy, the executive board shall appoint a replacement to complete the term.
Article III
MEETINGS:
Sec. I The regular meetings of the LMB shall be held on the first Tuesday of each calendar month, beginning in September and ending in May of each year. The meetings will begin at 7:00 P.M.
Sec. II Special meetings may be called by the President.
Sec. III Meeting dates may be changed or canceled in advance or when necessary, but only at a regular meeting, and only with a majority vote of the members present. In the event of an emergency, a meeting may be canceled by the President or Director.
Sec. IV Anyone having topics for discussion shall submit same to the President prior to the meeting to be added to the agenda.
Article IV
STANDING COMMITTEES:
Sec. I If needs arise, the President may appoint committees to fill those needs.
Sec. II Nominating Committee. SEE ARTICLE VII.
Sec. III Fundraising Committee. This committee will investigate new and evaluate existing fundraising activities and make recommendations to the membership regarding suggested fundraisers.
Article V
ANNUAL FINANCIAL REPORT:
Sec. I The Treasurer(s) shall be required to prepare a financial report at the close of each term of office and to file copies of this report with the executive board and with such other internal or external groups or individuals as the executive board shall direct. The annual financial report shall become a part of the permanent record of the LMB. The fiscal year shall run from July 1 through June 30. The Charitable Organizational Supplement Report must be prepared and submitted to The Attorney General of the State of New York as mandated.
Sec. II The executive board shall appoint LMB Members to audit the Treasurer(s) books. The books shall be audited before the first LMB meeting in September.
Article VI
QUORUM:
Sec. I A majority vote of those present is needed to pass any business that is on the floor.
Article VII
ELECTIONS:
Sec. I A Nominating Committee shall be appointed by the President at the regular January meeting each year. Nominations may be made from the floor after the report of the Nominating Committee at the March meeting.
Sec. II Officers are to be elected at the final spring meeting. If there is only one nominee per office, there will be no vote. The new officers then become active July 1.
Article IX
MISCELLANEOUS ARTICLES:
Sec. I The music directors will function as advisors to the LMB, but shall never be allowed to hold an office. However, they may be appointed to committees where their advice is needed.
Sec. II It shall be agreed that the LMB has no jurisdiction over the music department's directors concerning their professional class of duties, and also that the music department directors will not attempt to control the operational procedures, function, or business of the LMB.
Sec. III It shall also be agreed that the LMB will not encroach upon the authority of the Board of Education of the Lyndonville School District, and that the Board of Education of Lyndonville Central School District will respect the legitimate rights and interests of the LMB.
Sec. IV It shall also be understood that the LMB is only meant to be supplementary to the budget and performance of the music department, and that the LMB should never be expected to take over its total financing. The support that LMB may give to the music department shall not be used by the Board of Education of Lyndonville Central School District as justification for reducing the budget of the music department.
Sec. V Any equipment bought by LMB funds and intended for the Lyndonville Music Department use in the classrooms must be considered donated to the school. Therefore, it becomes school property, and the LMB cannot reclaim or control its use.
Sec. VI The LMB shall keep any and all funds it raises or collects in a local bank, under its own name, in the forms of checking or savings accounts. No money is to be turned over to the school in any way, unless the membership votes to do so.
Sec. VII Should the LMB ever dissolve, any funds left are to be given to the music department of the Junior and Senior High School.
Sec. X Upon dissolution of Lyndonville Music Boosters, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) if the Internal Revenue Code, i.e. charitable, educational, religious or scientific, or corresponding section of any future Federal tax code, or shall be distributed to the Federal government, or to a state or local government for a public purpose.
However, if named is not then in existence or no longer a qualified distributee, or unwilling or unable to accept the distribution, then the assets of this organization shall be distributed to a fund, foundation or corporation or similar organization organized and operated exclusively for the purposes specified in Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code.)
Article X
AUTHORITY:
Sec. I The rules contained in Robert's Rules of Order, Revised, shall govern in all cases in which they do not conflict with the rules of the LMB.
Article XI
AMENDMENTS:
Sec. I The Constitution and By-Laws of the LMB may be amended by a two-thirds majority vote of the members present at any regular meeting. The amendments must have been presented in writing at the preceding regular meeting of the LMB.