BYLAWS OF THE
RMHS Boys Basketball Booster Club
Dated 12 of October 2021
ARTICLE 1: ORGANIZATION
The name of the Corporation is the “RMHS Boys Basketball Booster Club” and shall be referred in the following articles as the “Booster Club”.
ARTICLE 2: AUTHORITY
The Booster Club was organized on September 24, 2021 under the laws of the state of Colorado and has been granted all rights to conduct its business in accordance with the statues governing the actions of like organizations. The Booster Club has a tax-exempt status ruling from the Internal Revenue Service under section 501(c)(3) of the Internal Revenue Code.
ARTICLE 3: PURPOSE
The Booster Club exists exclusively to promote, support and enhance the Rocky Mountain High School Boys Basketball Program, coaches, players and community. This support will occur by organization and management of fundraisers, donations, banquets, and other activities as appropriate through parent, guardian, fan and community involvement in order to allow the basketball program to achieve its full potential. While the Booster Club primarily exists to assist with financial support, we also strive to promote and support the basketball program in teaching, demonstrating and fostering good sportsmanship, character, integrity, discipline, pride, and perseverance. We will exhibit trustworthiness, respect, equality, responsibly and fairness in all activities.
The Booster Club shall conduct all activities and business in accordance with CHSAA, Poudre School District (PSD) and Rocky Mountain High School rules, guidelines and policies.
The Booster Club is a non-profit volunteer corporation not operated, and not to be operated, for profit. It is organized and operated exclusively for amateur athletic, public, charitable and/or educational purposes, and its property is to be used exclusively for carrying out such purposes. The organization may not engage in any activity that is in contravention of the requirements of Internal Revenue Code §501(c)(3) (or the corresponding provision of any future United States Internal Revenue Law), and applicable rules and regulations which would cause the organization to lose its status as tax exempt under such provisions of the law.
In furtherance of such purposes, it may promote, establish, conduct, and maintain activities on its own behalf or it may contribute to or otherwise assist other corporations, organizations, and institutions carrying on such activities.
ARTICLE __: GENERAL
The Principal Office is:
RMHS Boys Basketball Booster Club
% RMHS Principal and AD Office
1300 West Swallow Road
Fort Collins, Colorado 80526.
The Principal email address is: RockyBasketballBoosters@gmail.com
The Booster Club fiscal season will be January 1 – December 31 as reported to the IRS.
The Booster Club Officers will be responsible for filing required and/or requested State and Federal documents to remain in compliance and good standing. At the time of these bylaws that includes Periodic Report with the Colorado Secretary of State and annually IRS form 990.
ARTICLE __ : MEMBERSHIP and DUES
Membership is open and will be accepted at any time to any person who is a parent, guardian or adult supporter of players and who will uphold the policies of this organization and agree to its bylaws.
Student members shall not be eligible to hold office but shall have all other rights common to the regular members. Student members are encouraged to actively participate in fundraisers.
Board Members/Officers shall be elected by the Boosters membership into office as outlined in Article ___. Board members and regular members shall be eligible to vote in all Booster Club business, as it pertains to the distribution of funds, fundraising programs, membership, and bylaws. No capital stock shall be retained by the Booster Club.
Annual dues shall be assessed in such amounts as determined by a two-thirds majority of the members present at the organizational meeting for the upcoming year. Dues shall be payable at the beginning of each season. If need be, and “Adopt-A-Lobo” funds are available, the Booster Club will provide assistance to under-resourced athletes who otherwise could not afford to play.
ARTICLE ___: FUNDING/FINANCES
All funds and assets of the Booster Club are to be used exclusively to benefit the Rocky Mountain High School Boys Basketball Program.
Contributions: All contributions paid or made to the Booster Club shall become the property of the Booster Club, the contributor having no further claim thereto.
Fundraising: Revenues for the operation of the Booster Club shall be raised by multiple avenues at the discretion of the Booster Club.
Sponsors: Sponsorship shall be available as determined by the Booster Club and valid for one season at a time.
Board members must approve any and all Booster Club activities, fundraising efforts and expenditures before any member engages in verbal or written financial agreement. Any expenditures incurred without prior approvals are not guaranteed reimbursement.
All non-budgeted expenses between $500-$1,499.00 must be approved by the Board, either in person or by electronic vote. Any expenses under $500.00 for projects can be approved by the President without an Executive Board meeting. Expenses over $1,500.00 must be approved by the General Membership at the monthly membership meeting.
The Financial Report shall be incorporated into the minutes of the monthly Booster Club meetings.
No part of the income or principal of the Booster Club shall inure to the benefit of or be
distributed to any member, director, or officer of the Booster Club or any other private individual, but reimbursement for expenditures or the payment of reasonable compensation for services rendered shall not be deemed to be a distribution of income or principal.
ARTICLE ___: BOARD MEMBERS/OFFICERS
The elected or voluntary Board Members/Officers shall be compromised of active, regular Booster Club Members and take an office term of 2 years or agreed upon by the majority of vote. Exiting board members are expected to transition and familiarize new elected officers with their duties until expiration of the existing Board members’ term.
The Officers positions shall be:
Board Member vacancies occurring between elections shall be filled by a general election of all members (Board and Regular) to be held at an adhoc meeting or the next scheduled Booster Club meeting.
ARTICLE ___: DUTIES OF BOARD MEMBERS
The Board and Officers as a whole are responsible for the Booster Club's compliance with all rules governing the activities of the Booster Club, including but not limited to, CHSAA, Poudre School District (PSD) and Rocky Mountain High School rules, guidelines and policies.
The President shall:
preparation of an operating budget in advance of the fiscal year. The budget will be
presented to the Board Members for approval;
Boosters Club is associated.
The Vice-President shall:
The Treasurer shall:
fiscal year (February 28);
Boosters Club is associated.
The Secretary shall:
Booster Club meetings;
Club Regular members, parents/guardian, players and coaches to be accessed by
Board Members and Coaches as needed;
Boosters Club is associated.
Regular Members shall:
Volunteer Committees:
ARTICLE ___: Meetings
The Booster Club shall meet monthly, in person or via online meeting; the time and date of each meeting will be determined by mutual agreement of the Board Members. Business discussed at the monthly meetings will focus on the objectives of the Booster Club. If there is an item that a member would like discussed at the meeting, that individual should e-mail the item to the Board so it can be put on the Board Meeting Agenda.
Executive Board Meetings shall be held as necessary when determined by the President of the Booster Club or the Head Varsity Coach.
Special meetings may be called at any time by the President, Vice-President, Secretary, Treasurer, or Head Coach for the purpose of transacting specific business.
Inappropriate business includes:
ARTICLE ___: SIGNITURES
The President, Vice-President, Treasurer and Secretary will all have signing power for checks. All Board members will be recognized on the Booster Club financial accounts and can verify appropriate use of funds at any time.
ARTICLE __: PERIOD OF DURATION
This Booster Club shall exist in perpetuity, from the date of filing of the Articles of
Incorporation with the Colorado Secretary of State, unless dissolved according to law.
ARTICLE __: BYLAWS
The initial bylaws of the Booster Club shall be adopted by the Board Members. Except to the extent limited by the Colorado Revised Nonprofit Corporation Act, the Board members shall have the power to alter, amend or repeal the bylaws from time to time in force and adopt new bylaws.
Any alteration or amendment of the bylaws must be approved by a majority vote.
No bylaw shall have the effect of giving any Board Member or any other individual any proprietary interest in the Booster Club’s assets, whether during the term of the Booster Club’s existence or as an incident to it dissolution.
ARTICLE ___: NONDISCRIMINATORY POLICY
The Booster Club shall make its services, facilities, and programs available to all persons
regardless of race, color, creed, national origin, sex, orientation or handicap, and the Booster Club shall not in any way discriminate against any person on the basis of race, color, creed, national origin, sex, orientation or handicap.
ARTICLE __: DISSOLUTION
Upon any liquidation, dissolution, or winding up of the Corporation, the Board of
Directors shall, after paying or adequately providing for the payment of all the obligations and
liabilities of the corporation, dispose of all the assets owned by the Corporation by transferring
such assets exclusively to Rocky Mountain High School Boys Basketball Program for the benefit of such organization as shall at the time qualify under Section 501(c)(3) of the Internal Revenue Code.
IN WITNESS WHEREOF, the undersigned officers and members of the RMHS Boys Basketball Booster Club executed and approved these original Bylaws effected as of 11 October 2021.
ARTICLE 5
Liability of Directors
No director shall be personally liable to the Corporation for monetary damages for any
breach of fiduciary duty as a director, except that no director’s liability to the Corporation for
monetary damages shall be eliminated or limited on account of any of the following:
[a] any breach of the director’s duty of loyalty to the Corporation or its members;
[b] any acts or omissions of the director not in good faith or that involve intentional misconduct or a knowing violation of law;
[c] the director’s assent to or participation in a loan by the Corporation to any director or officer of the Corporation;
[d] any transaction in which the director received improper personal benefit. Nothing herein will be construed to deprive any director of the right to all defense ordinarily available to a director nor will anything herein be construed to deprive any director of any right for contribution from any other director or other person.
Any repeal or modification of this Article shall be prospective only and shall not
adversely affect any right or protection of a director of the Corporation existing at the time of
such repeal or modification. C.R.S. §7-128-402.
ARTICLE 7
Powers & Limitations
In furtherance of the preceding objects and purposes, the Corporation shall have and may
exercise all of the rights, powers, privileges, and immunities now or subsequently conferred upon
non-profit corporations organized under the laws of the State of Colorado.
ARTICLE 10
Restrictions on Powers
Notwithstanding any other provision of these Bylaws and Articles of Incorporation, the powers of the Corporation are restricted as follows:
(a) The Corporation shall not conduct or carry on any activities not permitted to be
conducted or carried on [1] by an organization exempt from federal income taxation
under Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, (the “Code”)
or [2] by an organization the contributions to which are deductible under Sections 170,
642, 2055, or 2522 of the Code.
(b) No solicitation of contributions to the Corporation shall be made, and no gift, bequest, or devise to the Corporation shall be accepted, upon any condition or limitation that in the
opinion of the Corporation may cause the Corporation to lose its federal income tax
exemption.
ARTICLE 11
Political Activities
No substantial part of the Corporation’s activities shall be the carrying on of propaganda
or otherwise attempting to influence legislation, and the Corporation shall not participate or
intervene in (including the publication or distribution of statements) any political campaign on
behalf of or in opposition to any candidate for public office.
ARTICLE 12
Private Foundation Status
Notwithstanding any other provision of these Articles, if at any time or times the
Corporation is a private foundation within the meaning of Section 509 (c)(3) of the Code, then
during such time or times:
(a) The Corporation shall distribute its income for each taxable year at such time and in such manner as not to subject the Corporation to tax under Section 4942 of the Code;
(b) The Corporation shall not engage in any act of self-dealing, as defined in Section 4941of the Code;
(c) The Corporation shall not retain any excess business holdings, as defined in Section 4943 of the Code:
(d) The Corporation shall not make any investments in such manner as to subject the
Corporation to tax under Section 4944 of the Code; and
(e) The Corporation shall not make any taxable expenditures as defined in Section 4945 of the Code.
The private property of the officers and directors of the Corporation shall not be subject
to payment of corporate debts to any extent whatever.
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