BYLAWS
TOM C. CLARK HIGH SCHOOL

CLARK ATHLETIC BOOSTER CLUB

 

ARTICLE I
Name

 

The name of this organization is the Clark Athletic Booster Club.

 

ARTICLE II
Purpose and Dissolution

 

2.01.   The purpose of the Clark Athletic Booster Club is to provide financial support and voluntary labor primarily for:

 

  • University Interscholastic League (sometimes herein called “UIL”) sports;
  • The Cougarettes of Tom C. Clark High School;
  • the coaching staff/Cougarette sponsors and school authorities in the development of outstanding athletics and Cougarette programs; and
  • other authorized activities deemed appropriate by the Clark Athletic Booster Club Executive Board (the “Executive Board” or sometimes simply the “Board”) in accordance with established policies of the Northside Independent School District (“NISD”) and the UIL.

 

2.02.   The Clark Athletic Booster Club is organized, and is to exist and be maintained, exclusively for charitable or educational purposes, including for such purposes the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (as amended from time to time, and, along with the applicable IRS regulations promulgated thereunder or, as the case may be, the corresponding provisions of any future statute or law enacted in substitution therefor, the “Internal Revenue Code”).  No part of the net earnings of the Clark Athletic Booster Club shall inure to the benefit of or be distributed to its Executive Board members, Clark Athletic Booster Club members or directors except that the Clark Athletic Booster Club may and is empowered to make payment of reasonable compensation for goods or services rendered and to make payments and distributions in furtherance of the purposes set forth in Section 2.01.  No activities of the Clark Athletic Booster Club shall include the carrying on of propaganda or other attempts to influence legislation, and the Clark Athletic Booster Club shall not take part in, or intervene in (including the publication or distribution of statements), any political campaign on behalf of a candidate for public office notwithstanding any other provision of these Bylaws.  The Clark Athletic Booster Club shall not carry on any other activities prohibited:

 

  • by an entity exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code; or
  • by Clark Athletic Booster Club contributions which are deductible under Section 170(c)(2) of the Internal Revenue Code.

 

2.03.   The Clark Athletic Booster Club and its Executive Board shall endeavor to maintain compliance with all Internal Revenue Code laws.  The Clark Athletic Booster Club may be dissolved by a unanimous vote of the Executive Board if the Clark Athletic Booster Club no longer complies with substantive laws regarding its purpose or fails to meet the qualifications of a 501(c)(3) not-for-profit organization.  Upon the dissolution of the Clark Athletic Booster Club, the Executive Board shall, after paying or making the provision for payment of all liabilities, either:

 

  • transfer the funds from the Clark Athletic Booster Club to a newly formed entity that is created to replace the Clark Athletic Booster Club due to changes in law or compliance requirements; or
  • dispose of all the assets of the Clark Athletic Booster Club to an organization or organizations formed or operated exclusively for charitable or educational purposes, as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code.

 

ARTICLE III
Membership, Public Involvement and Dues

 

3.01.   Membership in the Clark Athletic Booster Club shall be open to all persons who desire to support Tom C. Clark High School athletics. 

 

3.02.   All formal meetings of the Clark Athletic Booster Club are open to the public, though the Board may conduct executive sessions from time to time as it may determine necessary or appropriate for the purpose of facilitating Clark Athletic Booster Club business and actions.

 

3.03.   Annual dues will be recommended by the Clark Athletic Booster Club Executive Board.

 

ARTICLE IV
Executive Board

 

4.01.   The Clark Athletic Booster Club shall be organized, operated and managed by the Executive Board, which, for the ensuing school year, shall consist of officers elected by the Clark Athletic Booster Club General Membership, with the exception of the Parliamentarian who shall be appointed by the President.  The officers shall consist of the following:

 

          President
          1st Vice President – Fundraising & Events

          2nd Vice President -- Membership

          3rd Vice President – Spirit Reps

          4th Vice President – Volunteer Coordinator

          5th Vice President – Spirit Sales

          Secretary

          Treasurer

          Parliamentarian

         

4.02.   Each officer position shall hold a seat on the Executive Board.  The duties of the officers shall be those which are normally ascribed to individuals holding similar positions and as may otherwise be determined and established by the Executive Board.  With the exception of offices of President, Secretary, Treasurer and Parliamentarian, each officer position may be filled by two or more persons, but, if so filled, shall have only one vote which is to be cast (subject to the provisions of Section 5.02 hereinafter).

 

4.03.   All officers are volunteers, and none are paid any compensation for services performed.  As such, no officer shall incur any personal liability as a result of serving on the Executive Board.

 

4.04.   No person shall serve in the same office more than two consecutive years unless it is decided and voted upon by the Clark Athletic Booster Club General Membership to be in the best interest of the Clark Athletic Booster Club.  Term of office herein is defined as June 1st of the current year until May 31st  of the following year.

 

4.05.   The President shall vote on Executive Board or General Membership motions only when a tie-breaking vote is needed.  The Parliamentarian shall vote on Executive Board or General Membership motions only when written ballots are used.

 

4.06.   Honorary, non-voting members of the Executive Board shall include the following persons associated with Tom C. Clark High School:

 

  • the Tom C. Clark High School Principal, at his/her discretion;
  • the Tom C. Clark High School Athletic Director, at his/her discretion; and
  • the Tom C. Clark High School Cougarette Director, at his/her discretion.

 

ARTICLE V

Governance

 

5.01.   The President shall preside over all meetings of the Clark Athletic Booster Club or designate another officer to preside over meetings when the President is absent.  The presiding officer shall recognize individuals to speak at all Clark Athletic Booster Club meetings.  The Secretary shall keep minutes of each meeting of the Clark Athletic Booster Club, including all meetings of the Clark Athletic Booster Club General Membership and the Executive Board, or designate another officer other than the presiding officer to keep minutes when the Secretary is absent.  The first order of official Clark Athletic Booster Club business to be undertaken at each Clark Athletic Booster Club meeting will be for the Executive Board to approve the minutes from the immediately prior Clark Athletic Booster Club meeting.

 

5.02.   Each Executive Board position shall have one vote.  If more than one individual serves in an Executive Board capacity, one individual representing that Executive Board position shall cast a vote on behalf of that position if agreement is reached with the other individual(s) or submit a vote of present not voting if no agreement is reached.  An Executive Board member must abstain from a vote in which the member has a financial interest or other conflict of interest. 

 

5.03.   Clark Athletic Booster Club action on any matter coming before the Executive Board (including, but not limited to, approval or disapproval of a properly compiled request for funds) may be undertaken by a vote of any six (6) positions of the Executive Board.  The Executive Board may meet and vote on matters by a telephonic conference call or conduct such a vote utilizing e-mail exchanges when deemed necessary by the presiding officer.  Although the Executive Board may meet and vote outside of the Clark Athletic Booster Club meetings, the Executive Board shall report the results of its votes at Clark Athletic Booster Club General Membership meetings.

 

ARTICLE VI

Elections

 

6.01.   Officers shall be elected by voice, unless there are nominations from the floor in which case the vote shall be by ballot.

 

6.02.   Nominations of officers shall be presented to the General Membership by a Nominating Committee at the February meeting of the Clark Athletic Booster Club General Membership.  The Nominating Committee shall consist of:

         

  • President;
  • Two members of the Clark Athletic Booster Executive Board as appointed by the President;
  • Three members at large of the Clark Athletic Booster Club, including one freshman class representative, one sophomore class representative, and one junior class representative;
  • the Tom C. Clark High School Principal, at his/her discretion;
  • the Tom C. Clark High School Athletic Director, at his/her discretion; and
  • the Tom C. Clark High School Cougarette Director, at his/her discretion.

 

6.03.   The officers shall be elected annually in March at the meeting of the Clark Athletic Booster Club General Membership and assume their duties on June 1st of that year.

 

6.04.   Nominations from the floor may be made provided prior consent is obtained from the prospective nominee and these nominations are made at the time the Nominating Committee presents its slate to the Membership.

 

6.05.   Any vacancy in an office occurring during the term of office may be filled by appointment made at the direction of the Executive Board.

 

6.06.   Any officer may be removed from office by a two-thirds (2/3) vote of the Executive Board.

 

ARTICLE VII

Duties of Certain Officers

 

7.01.   The President shall:

 

  • preside at all meetings of the Clark Athletic Booster Club, the Executive Board and shall be an ex-officio member of all committees;
  • resolve problems in the Membership;
  • regularly meet with the Treasurer to review the Clark Athletic Booster Club’s financial Position;
  • schedule an annual audit of financial or other records or request an audit if the need should arise during the year; and
  • shall perform other duties usually pertaining to the office and as outlined by these Bylaws.

 

7.02.   The Secretary shall:

 

(a)      keep a record of all meetings of the Clark Athletic Booster Club and of the Executive Board meetings;

(b)      report on any recommendations made by the Executive Board;

(c)      maintain the records of the minutes, approved bylaws and any Standing Committee rules and committee listing;

(d)      conduct and report on all the general correspondence of the Clark Athletic Booster Club; and

(e)      other specific duties as outlined by these Bylaws.

 

7.03.   The Treasurer shall be custodian of all Clark Athletic Booster Club funds and all disbursements of these funds under the guidelines listed as follows:

 

  • Expenditures in excess of budgeted items will not be expended without Executive Board approval.
  • Receipts and “Request for Funds” forms must be presented to the Treasurer for reimbursement. No cash advances are allowed unless the item has already been budgeted for and funds are available.
  • The 1st Vice President – Fundraising & Events, the project or committee Chairman, and the Treasurer shall be in charge of tabulating money at the end of each major fundraiser. Duplicate receipts will be issued by the Treasurer with the Treasurer retaining the original and a copy given to the 1st Vice President – Fundraising & Events.
  • The following signatures are to be maintained on file at the financial institution in which the Clark Athletic Booster Club checking account is located:
  1. President of the Clark Athletic Booster Club;
  2. Treasurer of the Clark Athletic Booster Club; and
  • Secretary of the Clark Athletic Booster Club.
  • All checks are to have two of the above signatures.
  • The Treasurer shall:
  1. keep current and accurate ledgers indicating all monies received, disbursed, and accounts payable. At the end of his/her term, the Clark Athletic Booster Club shall have an Audit Committee conduct an annual review of the Clark Athletic Booster Club’s revenues/expenditures for the prior year.  A copy of the audit report for the prior year will be submitted to the Executive Board by September 15 of each year;
  2. present a financial disposition of the Clark Athletic Booster Club’s funds monthly, with a financial statement given at the May meeting;
  3. reconcile all bank statements as received and resolve any discrepancies with the bank immediately;
  4. file sales tax reports as required by the comptroller’s office (monthly, quarterly, or annually);
  • file annual IRS Form 990 (or other applicable IRS form) in a timely manner;
  • submit records to the Audit Committee of the Clark Athletic Booster Club upon request or at the end of the year; and
  1. complete other specific duties as outlined by these Bylaws.

 

7.04.   The Parliamentarian will ensure that all meetings are conducted according to Robert’s Rules of Order and have knowledge and understanding of UIL rules.

 

ARTICLE VIII

Fiscal Year and Meetings

 

8.01.   The fiscal year of the organization shall begin June 1st  and shall end on May 31st  of the following year.

 

8.02.   Meetings of the Executive Board shall be held monthly from August through May of each year, with the exception of the months of June, July, November and April, or at other times as may be established from time to time by the Executive Board.  Special meetings shall be held at the call of the President or at the call of any two (2) other Officers.

 

8.03.   Meetings of the Clark Athletic Booster Club General Membership shall be held at least four (4) times per fiscal year.  Meeting dates and times shall be recommended by the Executive Board and approved by the Tom C. Clark High School Administration.

 

8.04.   At any regular or special meeting of the Clark Athletic Booster Club General Membership, a quorum shall consist of a majority of those present to transact business.

 

8.05.   Any Member whose dues are paid is eligible to vote.

 

8.06.   At any regular or special meeting of the Clark Athletic Booster Club Executive Board, a quorum shall consist of two-thirds (2/3) of the Executive Board.

 

ARTICLE IX

Committees

 

9.01.   Committees, either standing or temporary, may be established from time to time by the Executive Board and for such purposes as may be determined by the Executive Board.

 

9.02.   Committees shall undertake to address special projects or issues as may be directed by the Executive Board.  Committee findings shall, whenever practicable, be addressed in writing to the entire Executive Board.

 

9.03. Standing Committees may include:

         

  • Sport Banquet
  • Concessions
  • AT&T Golf Tournament
  • Back in Black
  • Football Ticket Sales
  • Newsletter
  • Decals, Yard Signs & Fence Signs
  • Black Out Sponsorship
  • Webmaster
  • Hospitality
  • Scholarship
  • Football Video Sales

 

ARTICLE X

Income and Expenditures

 

10.01. Membership dues (which may include different levels or types of membership) shall be established annually by the Executive Board.

 

10.02. Any fund-raising activities sponsored by or with the Clark Athletic Booster Club shall be approved by the Executive Board.

 

10.03. Funds donated, if any, by the Clark Athletic Booster Club to or for the benefit of Tom C. Clark Athletic Department shall be contributed in accordance with established rules of the UIL.

 

10.04. All funds and/or property donated to the Clark Athletic Booster Club shall be expended and utilized only in accordance with these Bylaws and any procedures necessary to comply with all applicable laws and rules.  Full disclosure of distributions shall be made to any member of the Clark Athletic Booster Club and any school district officials.

 

10.05. Requests for funds shall be in the format attached to these Bylaws as Exhibit A, and shall bear the signature of the requesting party, the Committee Chair and the Treasurer.  Upon receipt of a properly prepared request for funds, the disbursement of funds may be authorized in accordance with Article V of these Bylaws.

 

10.06. Expenditures that exceed the approved budget amount must be approved by the Executive Board prior to such money being spent.

 

ARTICLE XI

Amendments

 

11.01. These Bylaws may be amended at the recommendation of the Executive Board and by two-thirds (2/3) vote of the designated quorum at any regular meeting of the Clark Athletic Booster Club General Membership.

 

11.02. The Standing Rules of the Clark Athletic Booster Club may be amended by the vote of the majority of the Executive Board.

 

ARTICLE XII

Standing Rules

 

12.01. Flowers or memorials shall be sent in case of death of a Tom C. Clark athlete,  Cougarette member, Tom C. Clark Coach or Staff Member, or immediate family member (mother, father, sister, brother).  Cards are to be sent in all other instances.

 

12.02. All Clark Athletic Booster Club projects must support the philosophy of the Tom C. Clark High School administration and the Athletic Department of Tom C. Clark High School.

 

12.03. If more than one insufficient funds check is presented to the Clark Athletic Booster Club by the same party, no further checks will be accepted, only cashier’s checks or money order.

 

12.04. The party issuing an insufficient check must reimburse the Clark Athletic Booster Club for the amount of the check plus any applicable fees within thirty (30) days of notification of insufficient funds.

 

 

 

 

 

IN WITNESS WHEREOF, the foregoing Bylaws of the Clark Athletic Booster Club were duly adopted effective as of _____________, 2013, by the presently serving Executive Board and Membership of the Clark Athletic Booster Club.