GUHSD
Parent Music Advocacy Group
Bylaws
DRAFT 3/1/2015
Article
I
Name
and Purpose
Section A: Organization
- This
organization is a nonprofit, known as the GUHSD Parent Music Advocacy Group,
and shall be referred to throughout this document as "PMAG.”
- PMAG
is under the California Nonprofit Public Benefit Organization Law for
charitable purpose. These exemptions qualify under section 501(c)(3) of the
Internal Revenue code.
- PMAG
is under the California Nonprofit Public Benefit Organization Law for
charitable purpose. These exemptions qualify under the Revenue Taxation code
for the State of California, section 23701d(a).
- No
part of the net earnings of PMAG shall inure to the benefit of, or be
distributed to, its members, trustees, officers, or other private persons.
- The
PMAG shall be authorized and empowered to contract for and/or pay reasonable
compensation for all services rendered.
Section B: Purpose
The purpose of PMAG shall be to
serve, support, and promote the students and activities of the GUHSD high
schools through
volunteerism, fundraising, and community outreach. Band, color guard, drumline, wind, and other
associated musical auxiliaries shall be referred to throughout the remainder of
this document as “band program.”
Objectives:
- To
lend financial, moral, organizational, and logistical support to the band
program beyond what is specified by the State of California (article IX,
section 5 of the California Constitution and title 5, section 350 of the
California Administrative Code) as the sole responsibility of the school
district.
- To
coordinate with (but not be directed by) the Administration, Grossmont Union
High School District Administration, Music Departmenst and its representatives,
and other Grossmont Union High School District booster organizations.
- Notwithstanding
any other provision of these bylaws, PMAG shall not conduct any activities
prohibited of an organization exempt from taxation under 501(c)(3) of the Internal
Revenue Code or any other applicable law.
- PMAG
shall not, except to an insubstantial degree, engage in any activities or
execute any powers that are not in furtherance of the primary purpose of this
organization.
Article
2
Membership
Section A: Classes, Qualification and Rights of
Members
- PMAG
shall have two classes of membership: active members and associate members.
a. Active members include parents and guardians
of students actively enrolled in the band program or in past programs, who are
willing to subscribe to the purpose and bylaws of PMAG. These active members
shall have all the rights and privileges of membership including:
- the
right to vote in general membership meetings,
- the
right to nominate and vote for candidates for the board of directors,
- the
right to run for election.
Each active member shall have one
vote.
b. Associate members include individuals
interested in promoting the purpose and functions of PMAG and do not meet the
criteria for active membership. Associate members are ineligible to vote or
serve.
- Age
requirement: none
- Residency
requirement: none
Section B: Contributions/Accounts
- In
accordance with IRS guidelines for 501(c)(3) organizations and revenue taxation
code for the state of California, section 23701d(a), all contributions made to PMAG
shall be deposited into the general fund, and may not be assigned or allocated
to any individual or family “account.”
- All
contributions are voluntary and do not constitute a prerequisite for band
program participation.
- In
accordance with state and federal guidelines, contributions shall be detailed
onto individual reports. Contribution summary reports shall be provided to
members monthly and donation receipts shall be provided to other donors for tax
reporting purposes, as needed.
- Family
contribution histories are considered sensitive protected information (SPI).
The PMAG treasurer shall be the holder of this SPI and it shall not be shared
with members, district or individuals outside of PMAG without the expressed
permission of the owner of the SPI.
- Fundraising
activities are an organizational mandate and are conducted throughout the
fiscal year. All fundraising revenues go
into the general fund.
Article
3
Officers
Section A: Nomination, Election of Officers and
Terms of Office
The term of office for all PMAG
board positions shall be from June 20th through June 19th
of the following year. Terms of office
shall not exceed three consecutive years in the same office except by unanimous
approval of the PMAG board. Nominations for officer positions for the following
term shall be conducted at a general membership meeting held at least one month
prior to PMAG’s last general membership meeting of the current term. Candidates may be nominated for each officer
position up until the day of the vote. Voting for new officers shall take place
by ballot during the last PMAG General Membership meeting of the current
term. Officers shall be elected by
majority vote from the pool of candidates meeting the following criteria:
- Candidates
can be nominated by current active members, or by self-nomination.
- Candidates
shall be active members of the school year described in the office term –
exceptions can be made by unanimous approval of the board.
- Co-chairs
may be nominated and elected to fill committee chair and coordinator positions.
- Vacancies
may be filled from the active membership with a two-thirds (2/3) vote of the PMAG.
Section B: Removal of an Officer
Any member of the board may be
removed from office in either of the following ways:
- by
officer’s signed resignation to the PMAG president, with departure date
indicated. In the case of the
president’s resignation, the letter shall be addressed to the entire board.
- by
affirmation vote of two-thirds (2/3) of the elected board during any board
meeting.
- Resignation
announcement during a board meeting.
Section C: Duties of the Officers
In accepting the post, each
officer pledges to carry out the duties of the office to the best of his or her
abilities with integrity and a sense of service to the band program in general
and to each student individually. Officers pledge to attend meetings as
required, to lend the benefit of their experience to the organization, and to
actively participate in discussions and activities necessary to meet PMAG’s
mission. Officers are expected to facilitate the transition of duties to their
successors by delivering, on or before June 20th of each year, the
following support and/or materials appropriate to their role: personal
training, written training or guides, historical records, and tools.
- President:
The president shall preside at all meetings of the board and general
membership, shall appoint such committees as are necessary, and shall be the
ex-officio member of all committees. The president shall represent (or shall
appoint another officer to represent) PMAG at the monthly meeting of the GUHSD
Advocacy Group, aka PMAG. The president shall meet regularly with the band
director to ensure good communication and coordination. The president shall
ensure timely annual submissions of financial and any other required documents
are made in accordance with the GUHSD Guidelines for Booster Clubs manual.
- Vice President: The vice president
shall preside in the absence of the president at any board and general
membership meetings. The vice president shall meet with the president and treasurer
to audit the financial records and present findings.
- Treasurer: The treasurer, with respect to
the general account, shall receive all monies paid to PMAG, pay all duly
approved debts, keep accurate account of all transactions, and provide monthly
reports to the board and at the general membership meetings. The treasurer
shall deliver contribution summary reports to PMAG members and donation
receipts for all other donors. The treasurer shall provide a semi-annual fiscal
report and itemized monthly reports for approval. Within three months of the end of the fiscal
year, the treasurer shall meet with a tax preparer, as required. Prepare all necessary documentation and
ensure all documents required to maintain nonprofit status are appropriately
filed.
- Secretary: The secretary shall keep a
record of all general membership, board, and special meetings. A report of the
minutes shall be presented at all meetings for ratification. The secretary
shall provide a sign-in sheet at all meetings to maintain a record of those in
attendance. The secretary shall maintain an up-to-date inventory of all
non-consumable items and equipment owned by PMAG.
-
Article
4
Committees
General
Powers and Restrictions
Section A: Committee Formation
- Committees
and subcommittees may be organized, as needed.
- Once
a committee is organized, the elected member of the board shall become the
Chair. Once a subcommittee is organized, the elected member of the board shall
become a de facto member. The president shall be a de facto member of all
committees.
- Committees
and subcommittees may be made up of two or more individuals.
- Any
member of a committee or subcommittee may present a report to the board and/or
general membership; however the board member is ultimately responsible for
ensuring appropriate and timely communications.
Section B: Restrictions
No committees shall enter into
any contract or incur any indebtedness or financial obligation of any kind,
except under the express authorization of the board.
Section C: Rules of Order
Subject to revocation by the
board, each committee shall have the power to adopt such rules as may be
necessary for the conduct of the work entrusted to it.
Article
5
Meetings
Section A: Meeting Schedule
- Meetings
shall be held monthly.
- The
president shall publicize the date, time, and location of each meeting. The
band director shall be notified of all meetings.
- Special
meetings may be called by the president or any two members provided sufficient
notice is given to all board members specifying the date, time, and location
designated.
- Except
when specified otherwise, meetings shall be made known and accessible to the
general membership.
Section B: Quorum
- A
majority of the members (not counting vacancies) shall constitute a quorum for
the transaction of business.
- Voting
shall be limited to members, as outlined in Article 3.
- Voting
at meetings shall be in person and there shall be no proxies.
- Unless
otherwise noted, motions shall be carried with a simple majority.
Section C: Agenda
- The
president shall prepare an agenda for all meetings.
- Members
shall be polled in advance of the meeting for items to be included on the
agenda.
- Individuals
who wish to be included on the agenda shall present an outline to the president
in advance.
- Items
for discussion or presentation not previously approved or added to the agenda
may be allowed at the discretion of the members.
Article
6
Fiscal
Year
For the purposes of this article,
the year described in the budget shall be referred to as the “current year,”
while the year prior to the proposed budget shall be described as the “past
year.”
Section A: Budget
- Preparing
and approving an annual budget.
- The
board from the past year may prepare and present to the new board a recommended
budget.
- The
fiscal year shall be July 1st to June 30th.
Section B: Income
- All
funds collected in the name of the band program or PMAG shall be considered
part of the general fund.
- A
separate account may be maintained for savings for a declared purpose to be
declared in the budget and approved by the general membership; however, all
funds deposited therein shall be subject to the same rules as the funds
deposited into checking.
Section C: Expenditures
- Funds
released from the PMAG account must follow all rules of expenditures.
- Expenditures
may not violate IRS or California state guidelines for non-profit
organizations.
- Funds
set forth as ‘Authorized’ expenditure budget items may be expended without
further action from the board.
- Funds
set forth as ‘PMAG Review’ expenditure budget items may only be expended with
the majority approval of the group.
- Expenses
in excess of budgeted amounts or non-budgeted items up to two hundred dollars
($200) require the majority approval of the group.
- Expenses
in excess of budgeted amounts or non-budgeted items exceeding two hundred
dollars ($200) require the majority approval of the group.
Section D: Signatures
- Two
signatures are required on all checks from PMAG. Any two signatures of those
designated shall be acceptable.
- Typical
signatories include the president, the treasurer, the vice president, and the
secretary. Any member(s) may be assigned the responsibility.
Section E: Disposition of Funds
and Property on Dissolution
In the event of dissolution of PMAG,
the net assets shall be dispensed at the PMAG’s discretion and in accordance
with current federal and state laws governing non-profit organizations.
Article
7
Bylaws
Section A: Document
A copy of the bylaws shall be
available to each member of PMAG. The parliamentarian shall maintain the
original document and the secretary shall maintain a copy.
Section B: Changes
These bylaws may be amended
and/or repealed at any general membership meeting by majority vote of a quorum
of active members provided that a written copy of the proposed amendments are
available to all members at least ten (10) days prior to said meeting.
Section C: Bylaws Committee
A bylaws committee may be
established at any time by board members and may include individuals from the
active membership. The bylaws committee shall review suggested revisions. Changes
that have been agreed upon by the committee shall be presented to the board for
approval. If approved by the board, the revised bylaws shall be presented at
the general membership meeting for a vote.
Section B: Purpose
The purpose of PMAG shall be to serve, support, and promote the students and activities of the GUHSD high schools through volunteerism, fundraising, and community outreach. Band, color guard, drumline, wind, and other associated musical auxiliaries shall be referred to throughout the remainder of this document as “band program.”
Objectives:
Article 2
Membership
Section A: Classes, Qualification and Rights of Members
a. Active members include parents and guardians of students actively enrolled in the band program or in past programs, who are willing to subscribe to the purpose and bylaws of PMAG. These active members shall have all the rights and privileges of membership including:
Each active member shall have one vote.
b. Associate members include individuals interested in promoting the purpose and functions of PMAG and do not meet the criteria for active membership. Associate members are ineligible to vote or serve.
Section B: Contributions/Accounts
Article 3
Officers
Section A: Nomination, Election of Officers and Terms of Office
The term of office for all PMAG board positions shall be from June 20th through June 19th of the following year. Terms of office shall not exceed three consecutive years in the same office except by unanimous approval of the PMAG board. Nominations for officer positions for the following term shall be conducted at a general membership meeting held at least one month prior to PMAG’s last general membership meeting of the current term. Candidates may be nominated for each officer position up until the day of the vote. Voting for new officers shall take place by ballot during the last PMAG General Membership meeting of the current term. Officers shall be elected by majority vote from the pool of candidates meeting the following criteria:
Section B: Removal of an Officer
Any member of the board may be removed from office in either of the following ways:
Section C: Duties of the Officers
In accepting the post, each officer pledges to carry out the duties of the office to the best of his or her abilities with integrity and a sense of service to the band program in general and to each student individually. Officers pledge to attend meetings as required, to lend the benefit of their experience to the organization, and to actively participate in discussions and activities necessary to meet PMAG’s mission. Officers are expected to facilitate the transition of duties to their successors by delivering, on or before June 20th of each year, the following support and/or materials appropriate to their role: personal training, written training or guides, historical records, and tools.
Article 4
Committees
General Powers and Restrictions
Section A: Committee Formation
- Committees
and subcommittees may be organized, as needed.
- Once
a committee is organized, the elected member of the board shall become the
Chair. Once a subcommittee is organized, the elected member of the board shall
become a de facto member. The president shall be a de facto member of all
committees.
- Committees
and subcommittees may be made up of two or more individuals.
- Any
member of a committee or subcommittee may present a report to the board and/or
general membership; however the board member is ultimately responsible for
ensuring appropriate and timely communications.
Section B: Restrictions
No committees shall enter into any contract or incur any indebtedness or financial obligation of any kind, except under the express authorization of the board.
Section C: Rules of Order
Subject to revocation by the board, each committee shall have the power to adopt such rules as may be necessary for the conduct of the work entrusted to it.
Article 5
Meetings
Section A: Meeting Schedule
- Meetings
shall be held monthly.
- The
president shall publicize the date, time, and location of each meeting. The
band director shall be notified of all meetings.
- Special
meetings may be called by the president or any two members provided sufficient
notice is given to all board members specifying the date, time, and location
designated.
- Except
when specified otherwise, meetings shall be made known and accessible to the
general membership.
Section B: Quorum
Section C: Agenda
Article 6
Fiscal Year
For the purposes of this article, the year described in the budget shall be referred to as the “current year,” while the year prior to the proposed budget shall be described as the “past year.”
Section A: Budget
- Preparing
and approving an annual budget.
- The
board from the past year may prepare and present to the new board a recommended
budget.
- The
fiscal year shall be July 1st to June 30th.
Section B: Income
Section C: Expenditures
Section D: Signatures
- Two
signatures are required on all checks from PMAG. Any two signatures of those
designated shall be acceptable.
- Typical
signatories include the president, the treasurer, the vice president, and the
secretary. Any member(s) may be assigned the responsibility.
Section E: Disposition of Funds and Property on Dissolution
In the event of dissolution of PMAG, the net assets shall be dispensed at the PMAG’s discretion and in accordance with current federal and state laws governing non-profit organizations.
Article 7
Bylaws
Section A: Document
A copy of the bylaws shall be available to each member of PMAG. The parliamentarian shall maintain the original document and the secretary shall maintain a copy.
Section B: Changes
These bylaws may be amended and/or repealed at any general membership meeting by majority vote of a quorum of active members provided that a written copy of the proposed amendments are available to all members at least ten (10) days prior to said meeting.
Section C: Bylaws Committee
A bylaws committee may be established at any time by board members and may include individuals from the active membership. The bylaws committee shall review suggested revisions. Changes that have been agreed upon by the committee shall be presented to the board for approval. If approved by the board, the revised bylaws shall be presented at the general membership meeting for a vote.