Constitution and Bylaws of The Springboro Cheer Club

Effective Date: March 13, 2024

ARTICLE I

NAME

The name of this organization shall be: The Springboro Cheer Club.

ARTICLE II

PURPOSE

The purposes of this club shall be: 

1. To encourage school activities which provide training in sportsmanship, friendly competition, and school spirit. 

2. To foster a closer relationship and understanding between the parents, coaches, school and the community. 

3. To assist in school athletic activities without attempting to direct the technical functions or policies of the school administration, its teachers, coaches or the Athletic Director. 

4. To provide voluntary financial support/assistance to Springboro Sideline, Springboro Junior High Competition and Springboro High School Competition cheer teams within the Springboro Junior and Senior High School. 

5. To qualify for and vigorously protect The Springboro Cheer Club’s status as a not for profit concern under the law and regulations of the state of Ohio and the United States government providing the benefits of this status to The Springboro Cheer Club Board of Directors. 

6. Under no circumstances shall The Springboro Cheer Club attempt to influence or direct technical activities or policies of the cheer program who are charged with the responsibility of conducting the cheer program. 

7. Under no circumstances shall The Springboro Cheer Club engage in any activity that compromises player OHSAA or NCAA eligibility.

ARTICLE III

OFFICERS AND THEIR DUTIES

The officers of this organization shall be:

1. President: The President shall be the chief executive officer of the club. He/She shall preside at all meetings and shall be chairman of the Board of Directors. The President shall issue the call for regular monthly and special Board meetings. If any committees are created, the President shall make sure that the committees formed are within the provisions of the Constitution, and shall act as an ex-officio member of each of those committees. The President shall see that these committees function and shall cooperate with the committee chairman(s) to that end.

2. Vice President: The Vice President shall perform all duties of the President in case of absence or disability. In case of the absence of both the President and Vice President, the members may appoint a chairman pro tempore.

3. Secretary: The Secretary shall keep the general club records, including minutes of the club and the Board meetings, committee appointments, attendance records, lists of current members of the Board, addresses and telephone numbers.

4. The Treasurer shall receive all monies for the club and deposit the same in a bank approved by the Board of Directors, and shall pay out monies only on the authority of the Board of Directors. All checks, vouchers, or other invoices paid must be approved by the Treasurer and the President and/or Vice President; all checks/vouchers must be signed by the Treasurer and President.

The Treasurer shall keep accurate records of all money received and disbursed by the club and shall report at each general meeting the financial status and transactions of the club for general membership information and approval. Each month, the bank statements and reconciliations shall be provided to the club officers. At the end of each fiscal year, the Treasurer shall make records available for audit at the Board of Directors request.

ARTICLE IV

BOARD of DIRECTORS

1. The Board of Directors shall consist of the President, Vice President, Secretary, Treasurer, and elected committee chairpersons, if applicable. The number of Board members will consist of seven.

2. The Board of Directors shall constitute the executive board of the club, and it shall be responsible for the execution, through its officers, of the authorized policies of the club.

3. This Board shall authorize all expenditures and shall not create any indebtedness beyond the income of the club, nor disburse funds for purposes non-essential to the objectives of the club. The junior and senior high head cheer coaches should prepare annually a priority list of expenditures which the Board of Directors may utilize in the determination of expenditures of funds.

4. A majority vote of the Board of Directors shall govern any action taken on behalf of the club. The Board of Directors shall have the power to overrule or modify the action of any officer of the club.

5. The Board of Directors shall have the books and accounts audited at its discretion with a majority vote.

6. The Board of Directors shall hold regular bi-monthly meetings. The time and place of club meetings shall be determined by the President with majority agreement of the Board of Directors.

7. The Board of Directors shall receive committee reports and recommendations, and shall submit to the club at the regular meetings.

8. Vacancies and replacements for the Board of Directors occurring other than at the expiration of term shall be filled by a majority vote of the remaining directors, and such new directors shall hold office for the unexpired term of the director replaced.

9. If a Director is absent for three (3) consecutive meetings, except for extenuating circumstances, the Director can be replaced and his/her vacancy filled by a majority vote of the remaining directors; such new director shall hold office for the unexpired term of the director replaced.

ARTICLE V

ELECTION OF OFFICERS

1. Candidates for office shall be elected annually at the meeting in April of each year, and shall take office at the next regularly scheduled meeting. The President, Vice President, and Secretary terms will last no longer than (2) years. When the President steps down, the Vice President will move into the role of President. The Treasurer term will be a maximum of (4) years. The Board of Directors will look for a Treasurer at year (3) to shadow for (1) year.

2. When there is a Board Officer vacancy, the current Board will advertise for nominations for the vacancy. The Board will interview all nominees and then vote for the most qualified candidate.

3. If any officer resigns or for any reason must vacate his/her office, the Board of Directors shall appoint a duly qualified member to serve for the unexpired term.

ARTICLE VI

REMOVAL OF DIRECTORS OR OFFICERS

1. Any Director or Officer who is alleged to have exceeded his/her authority, or who has been alleged to have engaged in fiscal malfeasance or abuse of role, either within the bounds of the Constitution and By-Laws of The Springboro Cheer Club, or within reasonable standards expected of members of the club, shall be afforded the following process:

a. The majority of the Board, including all officers, will vote to initially suspend the term of the Director or Officer until such time as a resolution is reached;

b. The Director or Officer who is alleged to have violated the Constitution and By-Laws of the club will have an opportunity to present a statement on his/her behalf;

c. The remaining Board will launch an investigation, to be completed in a reasonable time frame, into the alleged violation;

d. Upon resolution, a majority vote of the Board will determine either the termination or reinstitution of the member’s position on the Board.

e. If the alleged violation includes questions as to malfeasance or misappropriation of funds or an abuse of role, the member shall immediately relinquish any and all records of the club; he/she will immediately be suspended from any fiscal responsibilities, pending an expedited investigation and the results thereof.

f. Should malfeasance or misappropriation of funds be at issue, the appropriate legal entities, including law enforcement, will be consulted immediately and all appropriate steps taken to ensure the club is protected in a legal capacity.

ARTICLE VII

ORDER OF BUSINESS

The order of business shall be:

1. Call to Order

2. Minutes of Last Meeting

3. Officers’ Reports

4. Committee Reports

5. Unfinished Business

6. New Business

7. Call for Adjournment

Procedure shall be governed by ROBERTS RULES OF ORDER.

ARTICLE VIII

COMMITTEES

The committees of this club shall be formed as deemed necessary to serve the mission and function of the organizations’ needs. These committees shall be formed based on business assessment, objective of the club, and with a majority vote of the Board of Directors. Chairs of these committees will be voted on at the next scheduled meeting subsequent to the formation of the Committee, and by a majority vote of the Board of Directors.

ARTICLE IX

AMENDMENTS

This Constitution may be amended at any regular business meeting of the club by a two-thirds (2/3) vote of the members present. Any officer may propose an amendment they deem necessary.

ARTICLE X

RATIFICATION

The ratification of the Constitution and By-Laws of this club shall be by majority vote of the Board.

ARTICLE XI

DISSOLUTION

The club will operate under this constitution and by-laws until dissolved. The process for dissolution will be as follows:

1. Motion for dissolution may only be made by a member of the Board. Motion must be seconded by a member of the Board.

2. The motion for dissolution must be accompanied with a written statement identifying the reasons for said motion. Reading of the statement must be requested as an agenda item for the next regularly scheduled executive club meeting. Said statement must be read into the record at that scheduled meeting.

3. Motion for dissolution must pass with a vote of two-thirds (2/3) of the current Board.

Should Motion for Dissolution survive, the following process may determine the clubs’ next steps:

1. Any physical assets will be sold at fair market value;

2. Any outstanding debt of the club shall be paid in full;

3. Any remaining monetary funds will be utilized in accordance with the Internal Revenue Code requirements with respect to charitable entities as well as the specific charitable purpose of The Springboro Cheer Club.

a. Upon the dissolution of the organization, 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. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization 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 and as stated in Article XII of this document.

ARTICLE XII

IRS STATUS

Said club is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purpose, the making of distributions to organizations that qualify as exempt organizations under section 501(c) of the Internal Revenue Code, or corresponding section of any federal tax code.

No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductive under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.

ARTICLE XIII

CONFLICT OF INTEREST

All officers and employees of this organization shall disclose all real or perceived conflicts of interest that they discover or that have been brought to their attention in connection with this organization’s activities. A “conflict of interest” occurs where a person is responsible for promoting the interest of the ministry at the same time he or she is involved in a competing personal interest (financial, business, personal, or relational). “Disclosure” shall mean providing properly, to the appropriate person, a written description of the facts comprising the real or apparent conflict of interest. An annual disclosure statement shall be circulated to trustees, officers, and certain identified agents and employees to assist them in considering such disclosures, but disclosure is appropriate and required at any time conflicts of interest may occur. The written notices of disclosures shall be filed with the Board President or such other person designated by the Board President to receive such notifications.

At the meeting of the top governing body, all disclosures of real or perceived conflicts of interest shall be noted for the record in the minutes. Any officer or employee who believes that he or she or an immediate member of his or her immediate family might have a real or perceived conflict of interest, in addition to filing a notice of disclosure, must abstain from (1) participating in discussions or deliberations with respect to the subject of the conflict (other than to present factual information or to answer questions), (2) using his or her personal influence to affect deliberations, (3) making motions, (4) voting, (5) executing agreements, or (6) taking similar actions on behalf of the organizations where the conflict of interest might pertain by law, agreement, or otherwise. At the discretion of the top governing body or a committee thereof, a person with a real or perceived conflict of interest may be excused from all or any portion of discussion or deliberations with respect to the subject of the conflict. A member of the top governing body or a committee thereof, who, having disclosed a conflict of interest, nevertheless shall be counted in determining the existence of a quorum at any meeting in which the subject of the conflict is discussed. The minutes of the meeting shall reflect the individual’s disclosure, the vote thereon, and the individual’s abstention from participation and voting. The President shall ensure that officers and independent contractors of the organization are made aware of the organization’s policy with respect to conflicts of interest.

Addendum A: Fundraising Approval and Implementation Procedures

Purpose:

This addendum to the bylaws of the Springboro Cheer Club outlines the standardized procedures for initiating, approving, and conducting fundraising activities to ensure alignment with the club’s financial goals and strategic objectives.

1. Fundraising Proposals:

Initiation of Proposal: All fundraising ideas or needs must be formally proposed to the Springboro Cheer Club before any planning or announcement of the fundraiser. This can be done by any club member, including parents, coaches, or committee members.

Content of Proposal: Proposals should include a detailed description of the fundraising activity, objectives, target amount to be raised, proposed dates, involved parties, and any anticipated expenses or resources required.

2. Review and Approval:

Committee Review: Fundraising proposals should first be submitted to the fundraising committee, if one exists, or directly to the Board of Directors. The committee (or Board) will review the proposal to ensure it aligns with the club’s mission, existing fundraising calendar, and resource availability.

Cheer Coaches Approval: Proposals that pass the initial review will then be sent to the cheer coaches for their input, particularly to ensure the proposed activities do not conflict with cheer schedules and commitments.

Board Approval: Final approval must be granted by a majority vote of the Board of Directors. Only approved fundraisers may proceed to the planning and execution stages.

3. Planning and Execution:

Committee Assignment: Once approved, the fundraiser will be assigned to the appropriate committee or a special committee will be formed to handle the planning and execution. This committee will be responsible for all aspects of the fundraiser, from marketing to collecting funds. 

Transparency and Reporting: The committee must maintain transparency in all transactions and operations related to the fundraiser. Regular updates must be provided to the Board and at club meetings.

4. Use of Funds:

Allocation of Funds Raised Through Fundraising:

Specific Cheer Accounts: Coaches have full authority over the allocation of funds for the accounts listed below. These funds must be used to support the respective cheer programs directly, as per the goals and needs outlined by the coaches: 

* Competition Cheer Account

* Sideline Cheer Account

* Junior High Competition Account

Coaches are authorized to use these funds without additional Board approval. 

Cheer Club General Fund: 

Funds allocated to the General Fund must be used as specified in the original fundraiser proposal. 

Any deviation from the specified use of these funds requires re-approval from the Board of Directors. 

The Fundraiser Chair may make recommendations for the allocation of these funds based on fundraising outcomes and strategic needs. However, final decisions on fund allocation from the General Fund are made by a majority vote of the Board. 

Financial Reporting: A financial report must be submitted by the committee to the Board at the conclusion of the fundraiser, detailing the amounts raised and expenditures.

5. Restrictions and Compliance:

Compliance with Laws: All fundraising activities must comply with local, state, and federal laws. This includes obtaining any necessary permits or licenses. 

Non-Interference: Fundraising activities should not interfere with the regular activities of the cheer teams or the broader school activities. They must also respect the priorities and efforts of other ongoing club initiatives. 

6. Amendments to Fundraising Procedures:

Procedure Changes: Changes to these procedures can be proposed by any member of the club but must be approved by a majority vote of the Board after consultation with the cheer coaches.

Addendum B: Committee Formation and Operation Procedures

Purpose: 

This addendum to the bylaws of the Springboro Cheer Club outlines the procedures for forming committees, selecting committee leads, structuring committees, and ensuring alignment with the cheer coaches' directives.

1. Committee Formation:

● Initiation: All committees are formed under the authorization of the Springboro Cheer Club’s Board of Directors. A proposal for each new committee must be submitted to the Board detailing the committee’s purpose, goals, and proposed duration. 

● Approval by Cheer Coaches: Before submission to the Board for vote, the proposal must be reviewed and approved by the head cheer coaches to ensure alignment with the overall objectives of the cheer programs. Coaches may provide feedback or request modifications. 

● Board Approval: Following approval from the cheer coaches, the proposal is presented to the Board for final approval. A committee is officially formed once the Board votes in favor of its establishment.

2. Selection of Committee Leads:

● Nomination Process: Committee leads are nominated either by the Board or through member submissions, depending on the committee’s nature and requirements as outlined in the initial proposal. 

● Qualifications: Candidates for committee leads must demonstrate prior leadership experience, commitment to the club’s mission, and a willingness to collaborate closely with both the Board and cheer coaches. 

● Election: Committee leads are elected by a majority vote of the Board after considering the cheer coaches' recommendations and any relevant member input.

3. Committee Membership:

● Recruitment: Committee members are recruited openly from the club’s membership, with calls for volunteers issued via club communications. 

● Selection: Committee leads, in consultation with the Board and relevant cheer coaches, select members based on skills, experience, and the ability to contribute effectively to the committee’s goals.

4. Committee Structure and Reporting:

● Structure: Each committee should consist of a lead, a vice-lead (if necessary), and members. The size and structure may vary based on the committee’s scope and the complexity of tasks. 

● Meetings: Committees must meet regularly, at intervals agreed upon by the committee members and documented in the initial proposal. Minutes of these meetings should be recorded. 

● Reporting: Committees are required to report their progress and any interim findings to the Board and the cheer coaches on a monthly basis, or more frequently if specified in the initial proposal.

5. Oversight and Evaluation:

● Oversight: The Board, together with the cheer coaches, maintains oversight of all committees to ensure they operate within the club’s guidelines and work towards the predefined objectives. 

● Evaluation: The effectiveness of each committee is evaluated at the end of its term or annually (whichever comes first), based on its achievements relative to its initial goals.

6. Amendments to the Committee Procedures:

● Procedure Changes: Changes to these procedures can be proposed by the Board, cheer coaches, or committee leads. All proposed changes must be approved by a majority vote of the Board after consultation with the cheer coaches.

7. Disbandment:

● Conditions for Disbandment: A committee may be disbanded when its objectives have been achieved, it is no longer deemed necessary, or it fails to meet its goals. Disbandment requires approval from both the Board and the cheer coaches.

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Springboro, Ohio 45066