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lake howell band parents association
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THE CONSTITUTION AND BY-LAWS OF THE
LAKE HOWELL HIGH SCHOOL BAND PARENTS ASSOCIATION

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(2007 Revision)

TABLE OF CONTENTS
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Article I- Definition
Article II - Membership
Article III - Meetings
Article IV - Executive Board
Article V - Duties Of Elected Officers
Article VI - Standing Committees
Article VII - Finance
Article VIII - Elections
Article IX -Amendments

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ARTICLE I- DEFINITION
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Section 1. Name of Organization

The name of this organization shall be the Lake Howell High School Band Parents Association (herein after referred to as the Association).


Section 2. Objectives

A. To encourage, promote and maintain a non-profit organization which will provide moral and financial support of the various educational programs and activities of the Lake Howell High School Band. The band is considered to include the instrumentalists and auxiliary units.

B. To cooperate with the Band Director, the School Administration and other School and Community organizations.


Section 3. Authority

The Association shall not, as an organization, seek to direct the administrative activities of the school or band, to control its policies, or to direct the policy of the band activities.


Section 4. Additional Governing Rules

The rules contained in “Robert’s Rules of Order. Revised” shall govern the Association, except where superseded by these By-Laws and Constitution.


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ARTICLE II - MEMBERSHIP
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A. All parents or guardians with a student in the band are automatically members of the Association.

B. Any other person (other than a school student) interested in the objectives of the Association, who is willing to abide by this Constitution and By-Laws, may register as a member.

C. Parents/guardians are responsible for the annual student assessments. Band Assessments, as set by the Executive Board, shall be paid annually no later than the January Band Parents meeting.


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ARTICLE III - MEETINGS
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A. The regular meeting dates of the Association shall be determined by the Executive Board and presented to the general membership at the first meeting of the school year. The meeting dates shall be published in the newsletter.

B. The Executive Board shall make every effort to schedule the regular meeting date to not coincide with the regular meeting date of other Lake Howell High School organizations; e.g., Athletic Boosters, NJROTC Boosters, etc.

C. Special meetings may be called by the President or majority of the Executive Board with at least 48 hours notification to the general membership.

D. The annual election meeting shall be held in March and the newly elected officers shall assume their duties on June 1.

E. Business may be transacted by the members present at any duly called meeting.

F. Majority will be a simple majority.


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ARTICLE IV - EXECUTIVE BOARD
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Section 1. Officers/Executive Board

A. The officers elected by the general membership of the Association shall be a President, a Vice President, a Secretary, a Treasurer, a Ways and Means Coordinator and an Auxiliary Coordinator. These elected board members and the Band Director shall compose the Executive Board.

B. Additionally, an ex-officio member of the Executive Board shall be the immediate past President. The Ex-officio member is not required to have a student in the band, and shall -not have voting privileges.

C. In the event any elected office of the Executive Board (except the Presidency) becomes vacant, the Executive Board will announce the vacancy and an election shall be conducted at the next meeting of the Association.

D. In the event the Presidency becomes vacant, the Vice President shall assume the position of President for the remainder of the term. An election shall be conducted for the office of Vice President. The newly elected Vice President shall serve for the remainder of the term.

E. An annual election will be held during the regular meeting in March to fill the elected positions of the Executive Board for the following year. The time period from the election of new officers to the assumption of the office shall be a transition period with the new board working with the outgoing board.


Section 2. Qualifications for Elected Positions

A. The registered member must be a member in good standing.

B. A member in good standing is considered to be a paid-up member of the Association who supports the objectives of the Association.

C. To hold an elected position, the registered member must have an enrolled band student in the band program.

D. No member may hold two or more elected positions simultaneously.

E. The Auxiliary Coordinator shall be a parent of an auxiliary student.


Section 3. Term of Office

A. A term of office shall be for one year beginning June 1.

B. Elected officers may be removed from office for just cause by a two-thirds vote of members present at the next regular meeting following the regular meeting at which a recorded motion with cause(s) is made and passed. Notification of upcoming action shall be published to all members in good standing.

C. Not having an enrolled band student (son, daughter or legal guardianship of a band student) during the term of office may be considered just cause for removal from any elected position.

D. A person shall not be eligible to serve more than two consecutive full terms in the same elected office.


Section 4. Student Members

A. The Drum Major(s) and Student Band President shall serve as nonvoting members of the Executive Board.

B. The Association President may excuse student members from board meetings at any time.


Section 5. Responsibilities of the Executive Board

A. The Executive Board shall be responsible for the overall supervision of the Association. A report shall be made at the regular and/or special meetings to the general membership. -

B. The Executive Board shall meet monthly during the regular school year or when deemed necessary by the President or a simple majority of the Board.

C. The Executive Board will work under the supervision of the Band Director in fulfilling the set budget as well as meeting the obligations of the various committees represented on the board.

D. Prior to the first general meeting of each year, the Executive Board will create a proposed budget based on expected events of the upcoming school year. This budget will be voted on and accepted or amended during the first general meeting.


Section 6. Quorum

A quorum of the Board shall consist of a simple majority of its members. If a quorum is not present at a Board meeting, the Board shall present its findings to the general membership or the absent members will be contacted by the President to obtain a majority decision.


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ARTICLE V - DUTIES OF ELECTED OFFICERS
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A. The President, shall preside at all meetings of the Association, appoint all committee chairpersons, and appoint special committees as necessary. The President shall be an ex-officio member of all committees and shall preside at the Band Awards Banquet

B. The Vice President, shall assume the duties of the President when called upon by the President, in the President’s absence, when the President cannot fulfill his/her obligations, in the event of resignation or removal from office. The Vice President shall be an ex-officio member of all committees.

C. The Secretary, shall keep the records and minutes of all the meetings and attend to all correspondence. The Secretary shall post and maintain the membership log book. The Secretary shall also be responsible for coordinating the publication of a newsletter, published at least four times a year and oversees the operation of the band website.

D. The Treasurer, shall receive and report all funds and shall keep an accurate record of all receipts and disbursements,. showing each activity separately, as well as a complete record of all funds. The Treasurer shall pay out funds only as authorized by the Executive Board or general membership. The Treasurer is an ex-officio member of the Fundraising Committee.

E. The Ways and Means Coordinator, shall direct and coordinate all the fundraising activities of the Association and as such be an ex-officio member of all the fundraising- committees: He/she will create a committee to facilitate him/her in fundraising activities. He/she will coordinate fundraisers that involve the parents with the approval of the Band Director and school administration for all in-school activities. Fundraisers that involve the students directly will be coordinated with the Band Director.

F. The Auxiliary Coordinator, shall be a parent of an auxiliary member and represent the auxiliary in all aspects of their function and shall be responsible for chaperones during auxiliary activities. . He/she shall maintain regular communication throughout the year with parents and students involved in the auxiliary program. The Auxiliary Coordinator will work with the Band Director and Executive Board to develop a Winter Guard budget to be presented for approval by the October Band Parents meeting.


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ARTICLE VI - STANDING COMMITTEES
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Section 1. Guidelines

A. There may be the following, but not limited to, Standing Committees: Hospitality, Website, Uniforms, Chaperone, First Aid, Transportation, and Programs. The Band Director shall be an ex-officio member of all committees.

B. Committee, special events and activity chairpersons shall be appointed by the President with the Executive Board’s approval. The members of the various committees shall be volunteers from the Association membership with the Band Directors approval. Any person serving as a member of any committee in any capacity (including chairpersons and Executive Board members) must complete a Dividend Form and return it to the Chaperone Committee chairperson. A new Dividend Form must be completed each school year.

C. The chairpersons shall direct the activities of their respective committees to ensure the satisfactory conclusion of projects assigned. Committees will report to the Association at each regular meeting. Committee members shall perform their duties in accordance with. the policies of the Association.

D. Committees and/or members authorized to engage in fund raising on behalf of the Association will not promote, sponsor, pursue or secure activities, arrangements or other agreements that deviate funds to third parties in detriment of the Association. Committees and/or members must obtain clearance from the Executive Board for any fund raising activity.

E. Appointed committee chairpersons, the Executive Board and the Band Director shall compose the General Board.


Section 2. The Hospitality Committee

Shall consist of a chairperson and at least two (2) members who shall be responsible for having refreshments for the band members, staff and chaperones for various events. They will also be in charge of refreshments for home and visiting bands at home football games. This committee is also responsible for the Annual Banquet.


Section 3. The Website Committee

Shall consist of a chairperson and any persons willing to serve on this committee. This committee shall be responsible for the maintenance of activities and disseminating information on the band website, www.lhband.org. This shall include notification of meetings and events, change in schedules and any other information related to the band program.


Section 4. The Uniform Committee

A. Shall consist of a chairperson and at least two (2) members to manage policies and procedures for the care and maintenance of uniforms, set-up and maintain adequate records, maintain organization of the uniform room, issue uniforms and coordinate all uniform activities with the Band Director,

B. The Uniform committee chairperson will be in charge of fitting the band members each season with uniforms and directing the- alterations to be done on each uniform. He/she will also coordinate the distribution and collection of the uniforms for each scheduled event. He/she need not be present at every event, but must coordinate the people to be there to handle responsibilities. These people will be reported to the chaperone committee chairperson.

C. This committee will procure information for yearly cleaning contracts as needed, and forward the information to the Executive Board-who-will then evaluate them for budgetary considerations.


Section 5. Chaperone Committee

A. Shall consist of a chairperson and anyone willing to serve as a chaperone. The chairperson will be responsible for scheduling the chaperones requested by the Band Director or President for band camp, football games, solo and ensembles, marching competitions, marching festivals, and concert festivals.

B. The Chaperone committee chairperson is to follow the set guidelines for chaperones as established by the Band Director and is to acquire the chaperones for each event no later than 48 hours prior to the event. The chairperson need not be present at every event but must acquire chaperones needed according to the Band Director’s request and assign a “head-chaperone” in his/her absence.

C. The Chaperone committee chairperson is responsible for coordinating with the Transportation committee chairperson to insure that enough people are available to move equipment when needed at events at home or away from Lake Howell High School.

D. The Chaperone committee chairperson is responsible for collecting Dividend Forms from all chaperones on a schedule as request by the school administration and the record-keeping and reporting of all volunteer hours.


Section 6. The First Aid Committee

Shall consist of a chairperson and anyone willing to serve on this committee. This committee shall maintain the medical release forms for all band members, and shall notify school trainers and/or paramedics when required or directed by the Band Director. Their duties Will be consistent with School Board policies. The Chairperson shall also be responsible for maintaining the first-aid kit.


Section 7. The Transportation Committee

Shall consist of a Chairperson and anyone willing to serve on this committee. This committee shall be responsible for transporting equipment to all events as necessary. The Chairperson will notify the chaperone chairperson as to who will be at each event.


Section 8. Programs Committee

Shall consist of a chairperson and anyone willing to serve on this committee. This committee shall be responsible for the production of the football programs. This production includes: planning, soliciting ads, printing and distribution of programs. Additional responsibilities include other programs, such as the Annual Band Banquet, as assigned by the Executive Board.


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ARTICLE VII - FINANCE
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Section 1. Financial Review Procedures

A. The fiscal year of the Association shall be from June 1 through May 31 of the following year.

B. The treasurer shall present a written financial report at each regular meeting of the Executive Board as well as each general assembly meeting.

C. The President shall appoint an auditing committee of no less than three members at the March “elections” meeting. The treasurer’s books shall be audited annually after the close of the fiscal year. No disbursements shall be made until the audit is complete.

D. The treasurer shall transmit all undistributed funds to his/her successor after the audit is completed.

E. The treasurer shall submit an annual audited report, signed by the audit committee, of the previous year’s activity to the members at the first meeting of the new year.

F. Total expenditures up to $500.00, other than budgeted items, may be authorized by the Executive Board. Expenditures that exceed $500.00 must be approved by the general membership. A full accounting of all expenditures will be provided to the general membership at each regularly scheduled meeting.

G. Dividing expenditures into subgroups of $500 or less to avoid obtaining approval from the general membership is prohibited.

H. The treasurer will work with the Band Director and the Executive Board to develop a new budget for the next school year to be presented for approval by the band parents association at the June meeting.


Section 2. Guidelines for Income Management

A. All income of the Association shall be made payable to “Lake Howell High School Band Parents Association.”

B. Band member fees and/or Assessments Fees may be made in installments as defined by the Executive Board during the budget setting procedure. Band assessments paid in installments shall be completely paid not later than the January Band Parent meeting.

C. All income (including-Band-member fees and/or assessments or fund-raising income) shall be made directly to the Treasurer or other designated agent. This shall be accomplished by personal conveyance, placed in locked drop box outside the Band Director’s office, or direct mail to the Association post office box. All Band member collections shall be clearly marked as to what they are for and which band student they are for.


Section 3. Guidelines for Disbursements

A. Treasurer shall deposit funds only into the Association’s checking and/or savings accounts in a local bank.

B. Checks will require any two of the authorized signatures of the elected officers.

C. Committee Chairperson/Co-Chairperson must have prior approval of the Executive Board to expend funds.

D. Authorization to conduct fundraisers or to engage in an activity constitutes authority to expend funds and the fundraising activity must be accountable (by receipts and proper documentation) to the Executive Board.

E. Persons spending monies or contracting for services or merchandise without express authorization by the Executive Board will not be reimbursed.

F. No member (to include individual board members) is authorized to commit Association funds through contracts or other mechanisms unless previously authorized in writing by the Executive Board and/or when applicable, the general membership.

G. Only Executive Board members, with Band Director and Board approval, may commit Association funds through contracts or other mechanisms.

H. Budgeted items, services, merchandise or other expenditures are initially authorized based on expected income and are subject to revision by the Executive Board and the general membership prior to final commitment. Consequently, budgeting will not be considered by chairpersons or individual members as a defacto authorization to commit against Association funds without securing final Board and/or general membership approval, when applicable, as specified in the by-laws. Failure to observe this may result in the person having to respond with personal assets to satisfy the commitment without possibility of reimbursements from the Association.


Section 4. Disposition of Remaining Funds

A. Should the Association be disbanded for any reason, all funds and assets shall be awarded to Lake Howell High School to be disbursed FOR THE BENEFIT OF THE LAKE HOWELL HIGH SCHOOL BAND and accounted for to the past Executive Board.

B. Any monies of any kind, credited to an account are for the sole purpose of meeting general expenses of the Silver Regiment and as such, are not refundable. This stipulation is made, also, to preserve the non-profit status of the Association. Any band member’s account balance amount, in excess of five dollars, may be transferred to another band member’s account who will be returning to the band program with the approval of the Executive Board.

C. Refund requests of Silver Regiment members transferring to other schools will be reviewed on an individual basis by the Executive Board at any regularly scheduled board meeting.


Section 5. State and Federal Reporting

A. The treasurer shall file IRS Form 990 with the Internal Revenue Service no later than July 1st of each year. A copy of the form shall be sent to retained for the Association’s records and can be made available to school administration upon request.

B. The treasurer shall file annually with the State of Florida an Annual Report registering the Association as a Not-for-profit Corporation. This shall be done after the March election meeting and prior to May 1st, to provide the State with the new officers elected for the coming year.

C. The treasurer shall review every year the Association’s §501(c)(3) non-profit status. Prior to the §501(c)(3) certificate expiration date the treasurer shall renew the Association’s §501(c)(3) non-profit status with the Internal Revenue Service.

D. The treasurer will retain the financial records for seven (7) years.


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ARTICLE VIII - ELECTIONS
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Section 1. General or Special Elections

A. A Nominating Committee of at least three (3) members in good standing shall be appointed by the President with the approval of the general membership.

B. The Secretary will compile a list of names of all the members of the Association in good standing. This list will be supplied to the Nominating Committee and be made available to the general membership prior to election day. This list will group the parents and guardians by the students grade level for the following year and in strict alphabetical order.

C. The Nominating Committee shall report, in alphabetical order, all the qualified nominees willing to run for office and the position for which they are available at the March meeting.

D. Nomination for each office may also be made by the general membership from the floor on the day of the election.

E. Members of the Nominating Committee will not be a nominee for any elected position. Resigning from the Nominating Committee does not protect the resigner from this restriction for the election at hand.


Section 2. Nominees

Nominees for office will be members of the Association in good standing at the time of nomination. All nominees must satisfy band student enrollment general requirements by having a student in the band program who will be returning for the next school year.


Section 3. Teller Committee

A. A Teller Committee of two (2) shall be appointed on the day of the election by the President with the approval of the general membership and will be responsible for collecting and counting the votes at the election.

B. Members of the Nominating Committee may be appointed to the Teller Committee.

C. No candidate for office may serve concurrently as a member of the Teller Committee.


Section 4. Voting

A. Voting (both for general elections and to cover Board vacancies} will be by secret ballot except when only one candidate is running for office. The individual with the most votes shall be declared the winner.

B. In case of a tie, a run-off election will immediately be conducted and will continue until a winner can be determined.

C. A majority vote of the registered members present at the March meeting shall constitute an election. Each member of the Association in good standing present shall have one vote.


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ARTICLE IX -AMENDMENTS
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Section 1. Recourse

Action may be taken against any member found in violation of this Constitution and By-Laws. The Executive Board will review each individual situation and the results may include, but is not limited to, formal censorship, removal from elected office, withdrawal of appointment, and/or revocation of membership in the Association.


Section 2. Amendments

The Constitution and By-laws may be amended by a majority vote of the members present at any regular meeting. All amendments must have been presented in writing at the preceding regular meeting.


Section 3. Constitution Review Committee

A Constitution Review committee of at least two (2) shall be appointed by the President every odd-numbered year. The charge of this committee shall be to review and subsequently recommend any changes in the Constitution and By-Laws to the general membership. The review, recommendations, and approval shall be complete at least one month prior to the new school year.


Section 4. Adoption of this Document

This Constitution and By-Laws (as revised) of the Lake Howell High School Band Parents Association will be adopted immediately after approval and supersedes any previous document governing this Association.


Section 5. Validity

In the event any Article, Section or Provision of this Constitution and By-laws is found to be invalid or unenforceable, all remaining Articles, Sections and Provisions hereof, shall remain in full force and effect.


Section 6. BPA Property

All records, information, and other intellectual property is fully owned by the Association. This includes: financial records, minutes of meetings, content on the band website, program books and any other publications. No member of the Board or any person serving on the committee can distribute or destroy any BPA property without the expressed written approval of the Executive Board. It is expected that any documents or records will be transferred from the Executive Board or Committee Chair to their successor.


Section 7. Exchange of Goods and Services

No student shall have their dues and assessments waived or reduced in exchange for any goods and services without the approval of the Executive Board.


Section 8. Certification

Certified correct by Jody Scott, Jeff Hyson, Kathy Krumm, Christine Synan and Diane Crouse, Constitution & By-Laws Committee, Lake Howell High School Band Parents Association, Lake Howell High School, Winter Park, Florida on this the 6th day of May, of the year 2007.



last updated 11/10/08
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