THE BRACKEN CADETS (CAVALIERS) ALUMNI DRUM & BUGLE CORPS BY-LAWS

Date of Passage: February 11, 2011 Updated: March 19, 2022

ARTICLE I NAME, PURPOSE AND MISSION

Section A – NAME

The name of this organization shall be known as THE BRACKEN CADETS ALUMNI DRUM & BUGLE CORPS, also known as THE BRACKEN CAVALIERS ALUMNI DRUM & BUGLE CORPS.

Section B – PURPOSE

The purpose of our organization shall be educational, historical, patriotic, and fraternal; to promote the playing of music for the enjoyment of people of all ages. To promote the development of musical talent, discipline, self-esteem, and responsibility in all of our members.

Section B.1 – MISSION

The mission of the Bracken Cavaliers Alumni Drum and Bugle Corps is to provide a safe environment for our members to learn how to play an instrument, learn music and perform so to provide entertainment for a variety of events such as parades, concerts, fairs and other events within the Bucks County/Philadelphia area.

ARTICLE II STRUCTURE OF ORGANIZATION

Section A – EXECUTIVE BOARD, STRUCTURE & DUTIES

The Executive Board shall consist of an Executive Director, Secretary, Treasurer, Business Manager, Personnel Director, and Equipment Manager.

(1) EXECUTIVE DIRECTOR

It shall be the duty of the Executive Director to preside at all regular meetings of the Executive Board.

The Executive Director shall enforce strict observance of all by-laws governing this organization.

The Executive Director shall provide future appointments not provided for in this document

The Executive Director may call special meetings with one (1) week notice, and perform other duties as parliamentary procedure requires.

1) In the event of an emergency situation which requires the rendering of an immediate decision by the Executive Board, the Executive Director may call a special session without advance notice, provided a quorum of Executive Board members is present.

(2) SECRETARY

It shall be the duty of the Secretary to take accurate minutes of all Executive Board meetings. He/she shall publish and distribute the minutes to board members no later than one (1) week after the meeting.

The Secretary shall read the minutes of the previous meeting at all Executive Board meetings.

The Secretary shall conduct the roll call at all Executive Board meetings.

The Secretary shall handle all Alumni Corps written correspondence, and inform officers of arrangements for Executive Board meetings.

In the absence of the Executive Director, the Secretary shall conduct Executive Board meetings.

The Secretary shall be responsible for the collection and recording of initiation fees and dues payments from the corps members. It is also the responsibility of the Secretary to notify the Treasurer of all membership collections.

3) TREASURER

The Treasurer shall receive and account for all monies belonging to the corps.

The Treasurers name shall be on the corps bank account, along with that of the President and Vice President. Two of these three signatures shall be required on any check drawn on the corps account. Expenditures shall be made only with the approval of the Executive Board.

The Treasurer shall submit a quarterly financial report to the Executive Board.

The Treasurer shall make regular deposits of all monies received in the bank designated by the Executive Board.

The Treasurer shall have all books and records available at all times for inspection by the Executive Board, its accountants, or state and federal government agencies as required.

The Treasurer shall complete and regularly file the required tax return for the previous fiscal year.

(5) BUSINESS MANAGER

The Business Manager shall make all arrangements for travel, lodging (if needed), contests, parades, exhibitions, rehearsal sites, and meetings.

The Business Manager shall be empowered to sign contracts for parades, competitions, hall rentals, bus rentals, agreements for hotel room rentals, and other agreements as required. Empowerment shall be on a case by case basis with the approval of the Executive Board.

The Business Manager shall negotiate and collect performance fees for parades and exhibitions with the approval of the Executive Board.

The Business Manager shall be responsible for keeping accurate records of all monies received. The Business Manager will turn over any funds collected to the Treasurer, and will keep a record for Executive Board meetings.

(6) PERSONNEL MANAGER

The Personnel Manager shall keep and maintain an up-to-date register of names, addresses, and telephone numbers of all active members of the Alumni Corps, application forms and medical forms.

The Personnel Manager shall be responsible for maintaining an accurate inventory and database of all uniforms and accessories as well as all Corps merchandise.

The Personnel Manager shall take any steps necessary to recover uniform(s) and accessories from inactive corps members.

(7) EQUIPMENT MANAGER

The Equipment Manager shall be responsible for the care, upkeep, and storage of all corps equipment.

The Equipment Manager shall record all equipment and serial numbers, if any, issued to all corps members.

The Equipment Manager shall make all necessary arrangements for equipment purchases on behalf of the corps with the Executive Board approval

The Equipment Manager shall be responsible for making sure that all necessary corps equipment will be at the parades, competitions, or exhibition sites on time.

The Equipment Manager shall take any steps necessary to recover equipment from inactive corps members.

ARTICE II Section B – EXECUTIVE BOARD MEMBERSHIP

All members of the Executive Board must be an active member in good standing.

            A).   An Active member is defined as a member who pays their annual dues and attends more than 50%
of all Corps activities, ie…Practices and Performances
  Members of the Executive Board shall remain on the Executive Board for a term of not more than
  two (2) years.

The term of office defined as two calendar years. (One calendar year is January 1 to December 31)
No Executive Board member can hold more than one position, but can perform the duties of another position(s) as needed and upon Executive Board approval.
Any member of the Executive Board wishing to resign his/her position may do so by informing the Executive Board in writing.
Any member of the Executive Board can be removed from office, for just cause, by a majority vote of the Executive Board. If unable to attend the meeting then that/those member(s) may vote by email or regular mail.
Once the member of the Executive Board is notified of his/her removal he/she can request a hearing (meeting).The member can then defend his/her position, but does not have a vote on the final Executive Board decision.
Vacant Executive Board positions will be temporarily filled by appointment by the Executive Board. If the appointed member accepts the vacant Executive Board position he/she will complete the term. At the conclusion of the term that position will be included as part of the usual nomination/election process.

ARTICE II Section B.1 – NOMINATION & ELECTION PROCESS NOMINATIONS

Nominations of all candidates for Executive Board positions will take place on the first practice in November.
To be eligible to be nominated for any Executive Board position, you must be an active member in good standing as described in Article II Section B.1.A.
All nominations must be made by an active member in good standing as described in Article II Section B.1.A.
All candidates must be seconded by another active member in good standing, also as described by the above Article II Section B.1.A.
No candidate may nominate himself/herself or second himself/herself.
No Executive Board member may nominate any member for an open position.
A nominee doesn’t have to be present to be nominated.
Any nominee that was not present during the nominations and was nominated for an Executive Board position(s) will be contacted by the current President or Vice-President of the Executive Board to discuss his/her intentions of being nominated.
Candidates may be nominated for more than one open Executive Board position, but can only accept a nomination for one Executive Board position.
If there is not more than one person nominated for all 7 Executive Board positions then the Nominations will be closed and there will be no need to have an Election.

ELECTIONS
Elections for ALL Executive Board positions will take place on the first practice in December.
The current President and Vice-President of the Executive Board will preside over the election process.
The month between the first practice in November (Nominations) and the first practice in December (Elections) any/all candidates can run a campaign if they wish.
A ballot box will be provided at the first practice in December. Official paper ballots will be provided to every eligible voting member meeting the criteria specified in Article II Section B.1.A to fill out and deposit in the posted ballot box.
Two non-Executive Board members will volunteer to count the ballots.
The current (prior to the election) President/Vice-President will announce the winner(s) of the elections.
The newly elected Executive Board member(s) will take office on January 1^st.

ARTICLE II Section B.2 – Executive Board Meetings

Executive Board shall meet monthly throughout the year unless unable to do so due to weather conditions or other unusual circumstances. With the exception of emergency Executive Board meetings, and those rescheduled on short notice, the time and place of each meeting shall be published to all Executive Board members and the membership of the Corps.
A quorum consisting of at least two-thirds of the Executive Board shall be required for conducting all official business.
Reasonable time will be allotted within the agenda for Corps members to attend and voice their comments, questions, suggestions and viewpoints relative to Corps plans and activities.
These meetings are open to all Corps members.
Minutes of the meetings shall be made available to all Executive Board members and also made available to Corps members upon request.
Any unscheduled Board meetings maybe called as requested by the President, Vice-President, Secretary, or any sitting Committee Chairperson.
The Vice-President, Secretary, Treasurer, Business Manager, Personnel Manager, and Equipment Manager are the only Executive Board members eligible to vote. The President can only cast a vote in order to break a tie.
The order of business at all Executive Board meetings shall be as follows:

Call to order by President

Reading of the minutes of previous meeting by Secretary

Roll Call by the Secretary

Monthly Reports by the Treasurer and / or Managers

Committee Reports

Old Business

New Business

Decision on date of next meeting

(I) Call for adjournment

ARTICE II Section C – ADVISORY COUNCIL

An Advisory Council is a body that provides non-binding strategic advice to the management of the Bracken Cavaliers Alumni Drum and Bugle Corps. The informal nature of an Advisory Council gives greater flexibility in structure and management of the Bracken Cavaliers compared to the Board of Directors.

There will be a total of two members on the Advisory Council
Members of the Advisory Council will be appointed by the Board of Directors by a majority vote
The Advisory Council position is a non-voting position
This will be a two year term
The members are invited to attend any Executive Board meeting and when requested
The members will be required to submit a written quarterly report to the Secretary of the Executive Board
The Executive Board Secretary will send its monthly meeting minutes to the members of the Advisory Council
Allow the Bracken Cavaliers to publish the names of the members of the Advisory Council
Any member of the Advisory Council wishing to resign his/her position may do so by informing the Executive Board in writing. The date of the resignation should include a two week transition period for the Executive Board to find a suitable replacement
Members of the Advisory Council may be removed at any time at the discretion of the Executive Board

ARTICLE III PURCHASE & TITLE Section A – PURCHASE & TITLE

All assets belonging to the corps shall remain the property of the corps as long as the Corps exists.

Approval of the Executive Board is required before any assets of the corps can be sold or otherwise liquidated.

All purchases of equipment, uniforms, vehicles, paid staff, etc. shall be authorized by the Executive Board before said purchase or lease transaction takes place.

A safe deposit box shall be obtained by the Executive Board to store any bonds and securities owned by the corps.

ARTICLE IV - DIRECTORS SECTION - A

DIRECTOR

The Director shall be appointed by the Executive Board for a two year term. This is a non-voting position.

The Director shall appoint an Assistant Director, subject to Executive Board approval.

The Director shall be in full charge of the Alumni Corps whenever and wherever it is assembled as a unit.

The Director in conjunction with the Assistant Director shall supervise all corps meetings and rehearsals.

The Director shall oversee the conduct of the corps, together with the Assistant Director.

The Director shall coordinate the work of all instructors.

The Director, after consultation with the instructors, shall appoint the color guard captain, and the drum major/majorette.

The Director shall be permitted to spend $500.00 without Executive Board approval, in order to purchase supplies.

The Director can be terminated from office at any time for just cause at the discretion of the Executive Board.

ASSISTANT DIRECTOR

The Assistant Director shall be approved by the Executive Board for a two year term consistent with the Directors term. This is a non-voting position.

The Assistant Director shall support and assist the Director however possible, and shall assume the role and duties of the Director in the absence of the Director.

(a) Absence denotes physical absence from a meeting; illness; inability to reach the Director by telephone or other means after a reasonable effort has been made.

The Assistant Director shall be the senior advisor to the Alumni Corps.

If the Director is unable to fulfill his/her duties due to extended illness, death, or other causes, the Executive Board will meet to decide whether to appoint the Assistant Director as the new Director, or to fill the vacancy with another candidate for the balance of the term.

The Assistant Director can be terminated from office at any time for just cause at the discretion of the Executive Board.

ARTICLE V INSTRUCTORS

HORN INSTRUCTOR

The Horn Instructor shall instruct the horn section of the Alumni Corps.

The Horn Instructor may arrange horn music to benefit the corps musical presentation.

The Horn Instructor shall be reportable to the Director for any changes in music.

The Horn Instructor shall be compensated for all practices

5) The Horn Instructor shall not be compensated for non-practice related activities unless so directed by the
Director and/or previously agreed on by the Executive Board.

DRUM INSTRUCTOR

The Drum Instructor shall instruct the drum section of the Alumni Corps.

The Drum Instructor may arrange drum music to benefit the corps musical presentation.

The Drum Instructor shall be reportable to the Director for any changes in music.

The Drum Instructor shall be compensated for all practices

5) The Drum Instructor shall not be compensated for non-practice related activities unless so
directed by the Director and/or previously agreed on by the Executive Board.

COLOR GUARD INSTRUCTOR

The Color Guard Instructor shall direct the flag, rifle and saber sections of the Alumni Corps.

The Color Guard Instructor shall be responsible for the maintenance of all color guard equipment in conjunction with the Equipment Manager.
The Color Guard Instructor shall be responsible for the replacement and/or replenishment of all color guard equipment in conjunction with the Equipment Manager with Executive Board approval.

ARTICLE VI FISCAL YEAR Section A - DEFINITION OF FISCAL YEAR

The corps shall use January 1^st to December 31^st as its fiscal year.

ARTICLE VI – Section B - Dues

Active members shall pay an annual dues of $20 per person by cash, check or money order, due January of each calendar year and submitted to the Secretary during any corps activity (practice, meeting, event, etc.) or mailed to the Secretary of the Executive Board. It is also the responsibility of the Secretary to notify the Treasurer of all membership collections. Dues are subject to change at the discretion of the Executive Board.
The Executive Board may elect to waive dues for any member(s) that claim a hardship.

ARTICLE VII AUDIT & ACCOUNTANTS - Section A – AUDIT & ACCOUNTANTS

A Certified Public Accountant shall be retained by the Executive Board for the purpose of checking the financial records of the corps on a regular basis.

The Treasurer and the Business Manager shall forward all financial records to governmental agencies requiring same.

ARTICLE VIII AMENDMENTS Section A AMENDMENTS TO THE BY-LAWS

Any of the By-Laws in this document can be amended by a majority vote of the Executive Board.

Amendments to the By-Laws shall be read at two (2) Executive Board meetings before voting upon the Amendments. Post to web

ARTICLE IX RULES OF ORDER Section A ROBERT RULES OF ORDER

Roberts Rules of Order shall serve as parliamentary procedure for all situations not covered in this document.

ARTICLE X CONFLICTS AND GRIEVANCES Section A CONFLICTS AND GRIEVANCES

Grievances shall be resolved at the lowest possible level of the chain of command.

If unresolved, the grievance shall be referred to the next level of the chain of command.

The chain of command shall be as follows:

(1) Director / Assistant Director

(2) Personnel Director

(3) Executive Board

ARTICLE XI DISSOLUTION Section A – THE DISSOLUTION OF THE BRACKEN
CAVALIERS ALUMNI DRUM & BUGLE CORPS

Purpose: The Bracken Cavaliers Alumni Drum & Bugle Corps is organized for educational, historical, patriotic, charitable, and fraternal purposes; including, for such purposes, the making of distributions to organizations that qualify as exempt organizations described under Section 501c3 of the Internal Revenue Code, or corresponding section of any federal tax code.

Dissolution: Upon the dissolution of The Bracken Cavaliers Alumni Drum & Bugle Corps, assets shall be distributed for one or more exempt purposes within the meaning of Section 501c3 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. Any such assets not disposed of shall be disposed of by a court of competent jurisdiction in the county in which the principal office of The Bracken Cavaliers Alumni Drum & Bugle Corps is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.

The following is the procedure to be followed in the event of a final dissolution of The Bracken Cadets (Cavaliers) Alumni Drum & Bugle Corps

The accountant retained by the corps will review all financial records to determine the pre-dissolution balances of all accounts, and generate a Balance Sheet, Income Statement, and a Statement of Cash Flows.

If there is sufficient cash on hand to pay all obligations, they will be paid in the following order:

Taxes and fees owed to federal and state government

Balances owed on installment credit

Balances owed to suppliers

Balances owed to staff members who have loaned money to the organization with the expectation of being repaid

Legal and accounting fees

Salaries owed to instructors, if any

(3) If cash on hand is not sufficient to pay obligations, assets of the corps will be sold, but only to the extent of raising the necessary capital. Then obligations are to be paid as in #2 above.

(4) Assets purchased with the $20,000 loaned by the Robert W. Bracken American Legion Post382 remain as the property of the Bracken Post and shall be returned to the Robert W. Bracken American Legion Post 382 at the time of dissolution.

(5) Once all obligations have been met, the remaining assets will be disposed of, in accordance with the Internal Revenue Code as it pertains to the Dissolution of a 501c3 entity.

(6) Once all material assets have been disposed of, The Executive Board will decide which 501c3 Drum & Bugle Corps the remaining monetary assets will be given to in accordance with the Internal Revenue Code as it pertains to the Dissolution of a 501c3 entity.

(7) Final reports will then be filed with the Department of State, Department of Taxation, and the Internal Revenue, Service outlining the final Dissolution of The Bracken Cadets (Cavaliers) Alumni Drum and Bugle Corps.

ARTICLE XII - CODE OF CONDUCT

The Bracken Cavaliers Alumni Drum and Bugle Corps and Diversity Drum and Bugle Corps both value and work to promote professionalism and ethical conduct amongst our members, staff, and volunteers (referred to as participants).

Each participant is expected to demonstrate honesty, respect, integrity, compassion and accountability to each other and the corps. Corps participants are responsible for creating a welcoming and respectful environment where every person is valued and honored.

Respect for Others:

Participants will aim to create an atmosphere of civility toward other participants at all times. Participants shall respect the property of others. Participants shall not engage in harassment, bullying, hazing, or abuse of another participant. This includes actions verbally, physically, or electronically.

Discrimination:

Participants shall make all other participants feel welcomed and respected. No conduct will be tolerated that demeans or reflects bias against another member of our drum corps. Participants will work to ensure a positive and safe environment as a priority. Discrimination or adverse treatment of an individual based on protected status is strictly prohibited.

Alcohol:

Participants shall maintain a performing environment free from alcohol. Consumption of alcohol before practices and performances is also very highly discouraged.

Weapons:

Participants shall maintain a performance environment free of weapons or dangerous instruments that could cause harm to others. This applies to all corps related events.

Disruptive and Disorderly Conduct:

Participants shall conduct themselves with honor and integrity while representing The Bracken Cavaliers Alumni Drum and Bugle Corps and Diversity Drum and Bugle Corps in the community. Participants shall not intentionally infringe on the rights or privacy of others.

Although these guidelines provide minimum expectations and outlines conduct that The Bracken Cavaliers Alumni Drum and Bugle Corps and Diversity Drum and Bugle Corps expects, they cannot include all potentially disruptive behavior or misconduct in detail, the administration of The Bracken Cavaliers reserves the right to discipline and/or dismiss participants of the corps that are in violation of the spirit of these guidelines.

Dismissal:

Any member can be dismissed from the Bracken Cavaliers Alumni Drum and Bugle Corps and Diversity Drum and Bugle Corps for just cause. Once the member is notified of his or her dismissal then he or she can request a hearing (meeting) with the Executive Board. The member can then defend his or her position. Executive Board has the final decision on the disposition of the member in question.

All violations of these guidelines can be confidentially reported to:

Any member of the Executive Board.

Title__Treasurer Print____Anthony J. Arena

Date__11/7/2016 Sign___________________

Title_ Board President Print_____Edward Jakubowicz
Date__11/7/2016 Sign_______________________

END