The Hackettstown Community Band
------------------------ REVISION RECORD ----------------------
Revision 6/6/92: original issue
Revision 7/21/94: amendment I, revising Article III
ARTICLE I Description: "Inc" added to name to reflect the name under which we are incorporated. Title of document changed in like manner.
ARTICLE II Description: Wording changed to emphasize the reasons for HCB's tax-exempt status: for the educational value, to promote culture, and to promote patriotism.
ARTICLE III Note: This wording was proposed specifically by the IRS when they were reviewing the organization for tax-exempt status. No change has been made.
ARTICLE IV Description: Wording has been changed to reflect past practices: Non-playing performers (band front) are included in the current wording, as are very young members. The exact cutoff date for year end is now specified.
ARTICLE V Description: Terms and procedures for dismissal (formerly "impeachment") of committee members were expanded. Method of filling vacancies was defined.
ARTICLE VI Description: The case of a president or vice-presi\-dent succeeding him/herself was clarified.
ARTICLE VII Description: The requirement that a conductor be an active band member was eliminated. The procedure for dismissing a conductor was defined.
ARTICLE VIII Description: No change has been made.
ARTICLE IX Description: Presidential voting was more clearly defined. Duties of the secretary were more clearly defined. Stipulation added that all official correspondence be sanctioned by the executive committee.
ARTICLE X Description: Reference to specific location of rehearsals was deleted. More precise definition of voting procedure was defined, including the provisions for secret ballots and absentee votes.
ARTICLE XI Description: No change has been made.
ARTICLE XII Description: Reference to specific location of rehearsals was deleted. Allowance was made for deviation to the schedule.
ARTICLE XIII Description: No change has been made.
ARTICLE XIV Description: The procedure for passing a proposed amendment through committee was defined. Absentee voting was explicitly permitted. Provisions were made to insure the ACTIVE MEMBER list be no older that 6 months at the time of voting.
Revision 08/25/05: ARTICLE VIII.A. Description: Statement added: "The age requirement may be waived for one of the trustees, permitting THE EXECUTIVE COMMITTEE to have at most one junior member at any given time."
Revision 06/09/16 (Changes made):
ARTICLE IV: Description: Clarification of the responsibility of the member pertaining to parade uniforms, removed the eligibility clause for performances.
ARTICLE V: Description: Removed the requirement for specific number of trustees and conductors to the Board, as long as the total membership is 9 members. Removed the requirement for active band members to approve removal of a board member.
ARTICLE VII: Description: Added ability for Conductor to appoint an Assistant Conductor. Added information regarding stipends for all conductors.
ARTICLE VIII: Description: removed typo at end of section A.
ARTICLE IX: Description: Removed responsibility from Secretary to physically provide band members with information that is available on the website.
ARTICLE X: Description: Clarified that general meetings can be held as needed.
ARTICLE XI: Description: Clarified that at least one member of the music committee must be a librarian. Also introduced use of social media in recruitment.
ARTICLE XII: Description: Removed end time of rehearsal and clarified a typo.
Revision 10/27/16 (Changes made):
ARTICLE IV: Updated definition of ACTIVE BAND MEMBER.
THE BYLAWS OF THE HACKETTSTOWN COMMUNITY BAND, INC.
ARTICLE I. BAND NAME
The name of this organization shall be the HACKETTSTOWN COMMUNITY BAND, INC. All further reference to the BAND will be abbreviated HCB.
ARTICLE II. BAND OBJECTIVES
The objectives of the HCB are:.
A. To provide MUSICIANS of all social and musical backgrounds the opportunity to rehearse, perform CONCERTS, march PARADES and socialize with other MUSICIANS.
B. To provide developing MUSICIANS a learning avenue of information and experience from seasoned MUSICIANS.
C. To provide cultural experiences in the form of musical entertainment to the residents of nursing facilities, senior citizen homes, and retirement communities.
D. To promote civic pride, spirit, and patriotism by performing CONCERTS and PARADES for residents of local communities, particularly, but not limited to, commemorating such national holidays as Independence Day, Memorial Day, and Veteran's Day.
ARTICLE III. USE OF FUNDS
All monies received from performances or donations shall be used for the current operational needs and future anticipated needs of the HCB. These needs include purchase, repair, maintenance, and insurance of: music, equipment, instruments, uniforms and other accessories, and to reimburse members for performance related expenses. Should the HCB as defined under the provisions of these bylaws be dissolved, any and all assets of the BAND shall be distributed to a group or groups advocating similar objectives to those defined under Article II.
The HCB is organized exclusively for charitable, cultural, and educational purposes, including, for such purposes, the making of distributions to organizations under Section 501(c)(3) of the Internal Revenue Code (or the corresponding section of any future Federal tax code.)
No part of the net earnings of the HCB shall insure to the benefit of, or be distributable to its members, trustees, directors, officers or other private persons, except that the HCB 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 HCB shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the HCB shall not participate in, 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 HCB shall not carry on any other activities not permitted to be carried on (a) by a corporation/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) or (b) by a corporation/organization, contributions to which are deductible under Section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future Federal tax code).
Upon the dissolution of the HCB, assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code (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 the named recipient is not then in existence or no longer a qualified distributee, or unwilling or unable to accept the distribution, the assets of the HCB shall be distributed to a fund, foundation or corporation 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 IV. BAND MEMBER REQUIREMENT
A. A BAND MEMBER may be any person with a reasonable amount of playing ability, or who may otherwise perform with the BAND, regardless of age, sex, race, religion, or country of national origin.
B. ACTIVE BAND MEMBERSHIP- ACTIVE BAND MEMBERS have the right to vote and are eligible to run for a position on the EXECUTIVE COMMITTEE.
To be considered an ACTIVE CONCERT BAND MEMBER, members must attend 75% of HCB REHEARSALS and 75% of HCB CONCERTS.
To be considered an ACTIVE MARCHING BAND MEMBER, members must attend a majority of all activities where music is from marching music folios: i.e. parades, holiday street functions, ceremonies.
Attendance will be taken at all HCB REHEARSALS, CONCERTS, and PARADES/FUNCTIONS.
Each November 30, those BAND MEMBERS who meet these attendance requirements will become ACTIVE BAND MEMBERS for the following year, which will start December 1. In certain instances whereas a BAND MEMBER may require medical attention or hospitalization which causes that BAND MEMBER to fall short of the percentage required for ACTIVE BAND MEMBERSHIP, consideration to waive the requirement may be granted by a majority vote of the EXECUTIVE COMMITTEE.
A list of ACTIVE BAND MEMBERS will be available as of the first BAND INFORMATION BRIEFING of the year.
C. Discipline--At all BAND functions, any BAND MEMBER displaying behavior detrimental to the good of the BAND will be subject to disciplinary action by the EXECUTIVE COMMITTEE.
D. Uniforms--BAND MEMBERS will be responsible for the caring and cleaning of the uniform issued to them during the PARADE/CONCERT season. BAND MEMBERS will be held responsible for damage to, or loss of any part of the PARADE uniform. If the repairs, replacement, or both are handled by the BAND, the BAND MEMBER will be held financially responsible. PARADE uniforms are BAND property and must be returned when the BAND MEMBER ceases to participate in the BAND.
E. The CONCERT BAND CONDUCTOR has the right to decide if an individual can or cannot perform a CONCERT. THE CONDUCTOR'S DECISION IS FINAL.
F. The PARADE BAND CONDUCTOR has the right to decide if an individual can or cannot participate in a PARADE. THE CONDUCTOR'S DECISION IS FINAL.
ARTICLE V. GOVERNMENT
A. The HCB will be governed by the EXECUTIVE COMMITTEE consisting of:
Four Elected OFFICERS: PRESIDENT
Appointed CONDUCTORS: CONCERT BAND CONDUCTOR and PARADE BAND CONDUCTOR
In the event that one or more of the BAND CONDUCTORS shall hold an office, then more TRUSTEES will be elected for that period of time, so that the total number of the EXECUTIVE COMMITTEE will be nine voting MEMBERS.
B. The EXECUTIVE COMMITTEE MEMBERS are required to attend meetings, discuss BAND business, and to vote. The status of any OFFICER or TRUSTEE missing three consecutive meetings or otherwise failing to fulfill the duties of his/her position will be reviewed by the COMMITTEE to determine the advisability of continued service. Dismissal proceedings may be instituted by the COMMITTEE if the situation so warrants.
C. Dismissal of an OFFICER OR TRUSTEE must be instituted by a motion from a COMMITTEE member. If the motion is approved by at least six affirmative committee votes, the member is immediately removed from the committee. Voting procedures shall be in accordance with the provisions in ARTICLE X
D. Any OFFICER or TRUSTEE who loses the status of ACTIVE MEMBER during his/her term of office will automatically be dismissed from the COMMITTEE without the need for dismissal procedures as listed above.
E. Vacancies in the COMMITTEE will be filled as soon as practical after the vacancy occurs by the normal process of nominations and elections. If a vacancy occurs in the office of the presidency, the VICE-PRESIDENT will fill out the remainder of the term as PRESIDENT and a new VICE-PRESIDENT will be elected.
ARTICLE VI. OFFICERS
A. The requirement for an elected OFFICER is that he or she be twenty-one years of age or older and be an ACTIVE BAND MEMBER.
B. OFFICERS are to be elected once every two years. Nominations will be accepted from the floor at the BAND INFORMATION BRIEFING in January. The newly voted OFFICERS will begin their term in February.
C. The PRESIDENT and VICE-PRESIDENT cannot have succeeding full terms in the same office. All other OFFICERS can have succeeding terms.
ARTICLE VII. CONDUCTORS
A. The requirement for a BAND CONDUCTOR is that he/she be twenty-one years of age or older.
B. The CONCERT BAND CONDUCTOR is to be appointed by the EXECUTIVE COMMITTEE. The appointment is to be made once every two years or whenever necessary. A stipend will be determined by the EXECUTIVE COMMITTEE and reviewed every 2 years.
C. The ASSISTANT CONCERT BAND CONDUCTOR will be nominated by the CONCERT BAND CONDUCTOR if so desired and is to be approved by the EXECUTIVE COMMITTEE. An appointment is to be made once every two years or whenever necessary. In this case, the stipend for the CONCERT BAND CONDUCTOR will be shared with the ASSISTANT CONCERT BAND CONDUCTOR.
D. THE PARADE BAND CONDUCTOR is to be appointed by the EXECUTIVE COMMITTEE. An appointment is to be made once every two years or whenever necessary. A stipend will be determined by the EXECUTIVE COMMITTEE and reviewed every 2 years.
E. A CONDUCTOR may be dismissed at any time by a properly instituted motion from the COMMITTEE supported by at least 6 affirmative committee votes.
ARTICLE VIII. TRUSTEES
A. The requirement for an elected TRUSTEE is that he/she be twenty-one years of age or older and be an ACTIVE BAND MEMBER. The age requirement may be waived for one of the trustees, permitting THE EXECUTIVE COMMITTEE to have at most one junior member at any given time.
B. TRUSTEES are to be elected once every two years. Nominations will be accepted from the floor at the BAND INFORMATION BRIEFING in January. The number of TRUSTEES that are needed is to be determined by ARTICLE V:A.
ARTICLE IX. DUTIES OF OFFICERS, CONDUCTORS, AND TRUSTEES
A. The PRESIDENT is presiding OFFICER at all HCB meetings. The PRESIDENT shall not vote, except to break a tie vote, in which case the PRESIDENT will cast the deciding vote. The PRESIDENT shall also appoint COMMITTEES that are not otherwise provided for.
B. The VICE-PRESIDENT will assist the PRESIDENT and assume the duties of PRESIDENT when the PRESIDENT is absent. The VICE-PRESIDENT will also be responsible for maintaining order at all HCB REHEARSALS, CONCERTS, PARADES, meetings and other BAND functions.
C. The duties of the SECRETARY are as follows:
1. Taking and maintaining accurate minutes pertaining to all meetings.
2. Taking and maintaining attendance records at all BAND functions as required for determination of ACTIVE MEMBERS.
3. Keeping records of all of the BAND's correspondence, including all MARCHING/CONCERT BAND contracts. It is required that all official correspondence about band business be sanctioned by the EXECUTIVE COMMITTEE and sent through the SECRETARY.
D. The TREASURER will be responsible for all monies, including receipts, payments, and maintaining of the BAND's accounts.
E. The CONCERT BAND CONDUCTOR will be responsible for the running of REHEARSALS and the performance of CONCERTS. In addition, he or she will assist the PARADE BAND CONDUCTOR on occasions when MARCHING BAND practice is warranted.
F. The ASSISTANT CONCERT BAND CONDUCTOR will assist the BAND CONDUCTOR and will take over all responsibilities in his or her absence.
G. The PARADE BAND CONDUCTOR will be responsible for maintaining street books and organizing PARADES, buying and dispensing uniforms, and rehearsing MARCHING BAND MEMBERS. The PARADE BAND CONDUCTOR is also the CONCERT BAND CONDUCTOR PROTEM in the absence of both CONCERT CONDUCTOR and ASSISTANT CONCERT CONDUCTOR.
ARTICLE X. MEETINGS
A. The EXECUTIVE COMMITTEE is to meet once a month or when it is necessary. A quorum of five EXECUTIVES (minimum of three OFFICERS) is needed to conduct a valid meeting.
B. The minutes of the EXECUTIVE MEETING are to be taken at every meeting, typed, copied, and distributed to each COMMITTEE MEMBER. Also, an additional copy of the minutes is to be put in a loose leaf notebook and be made available to BAND MEMBERS at their request.
C. An INFORMATION BRIEFING will be made to the BAND MEMBERS as needed, to discuss matters of importance of the BAND's activities. Any business the BAND has to vote on will be done at this time.
D. Voting will be conducted during a properly called to order meeting on a secret written ballot, after the floor has been opened for discussion. Ballots will be distributed to all ACTIVE BAND MEMBERS present. In cases where advance notice is given for voting, any ACTIVE MEMBER may submit an absentee ballot, providing that ballot is signed by the member and received by the BAND on or before the time and date of the voting. Absentee ballots will be checked for validity by the EXECUTIVE COMMITTEE and tallied anonymously along with the other ballots. Results of the vote will be reported to the BAND at that meeting or the next BAND INFORMATION BRIEFING.
ARTICLE XI. STANDING COMMITTEES
A. STANDING COMMITTEES will be established at the BAND INFORMATION BRIEFING in February of each year.
B. MUSIC--Consists of 3 MEMBERS: CONCERT BAND CONDUCTOR, PARADE BAND CONDUCTOR, and one ACTIVE BAND MEMBER who acts as LIBRARIAN. Their responsibility is the purchase, preservation, and cataloging of all HCB music, and the maintenance of the HCB library.
C. PUBLIC RELATIONS--Consists of any number of MEMBERS. Their responsibility is to recruit new MEMBERS and to promote the BAND through the use of the media (newspapers, radio, social media, website or any other vehicles).
ARTICLE XII. BAND REHEARSALS
A. BAND REHEARSALS will be held every Thursday night, beginning at 7:30 PM at a predetermined location. Deviations to this schedule will be permitted to allow for holidays, other engagements, inclement weather and the like. In the case of deviations to the schedule, every reasonable effort will be made to notify the membership of the change.
B. SPECIAL REHEARSALS may be scheduled at the discretion of the EXECUTIVE COMMITTEE or the appropriate BAND CONDUCTOR for the practical purpose of specific concert preparation or marching practice.
ARTICLE XIII. GRIEVANCE
All grievances are to be submitted in writing to the SECRETARY. The EXECUTIVE COMMITTEE will review the complaint at the next scheduled COMMITTEE MEETING from the date grievance was submitted. The EXECUTIVE COMMITTEE will make a decision and report back to the grievant its handling of the grievance.
ARTICLE XIV. BYLAWS
A. Copies of THE BYLAWS OF THE HACKETTSTOWN COMMUNITY BAND are to be made available to all BAND MEMBERS during their participation in the BAND. The BYLAWS are subject to revision when needed and the BAND will be notified of any changes subject to their approval.
B. Any proposed amendment to the BYLAWS shall be put before the EXECUTIVE COMMITTEE for open discussion in not less than two EXECUTIVE COMMITTEE meetings before it is put to a COMMITTEE vote. Any member of the COMMITTEE not present at these meetings shall be apprised of the proposed amendment and given the opportunity to comment on it and to cast a vote. The amendment with its exact wording shall ultimately be voted on by the COMMITTEE, with not less than 6 affirmative votes required to pass it.
C. A proposed amendment to the BYLAWS that has been approved by the EXECUTIVE COMMITTEE shall be submitted to the ACTIVE BAND MEMBERS in writing. The notice shall be issued not less than one month prior to the proposed voting date, and shall include all of the following: (1) the proposed amendment, (2) an interpretive statement describing the intent of the amendment, (3) a written procedure for filing absentee ballots, and (4) the date that the amendment will be put to a vote. On the voting date, a BAND MEETING shall be called to order and the floor opened for discussion regarding the amendment. Following discussion, the amendment shall be put to a vote. All ACTIVE BAND MEMBERS shall be eligible to vote. Absentee votes shall be counted, providing they are received in time to be available at the time of voting. The amendment shall pass if it receives at least two-thirds affirmative votes of the votes cast. In the event that an amendment is proposed for vote during the months June through November, a revision of ACTIVE MEMBERSHIP status will be made per the formula of ARTICLE IV, Section B, for the twelve month period ending at the time of the voting notification.
[end of bylaws]