EMMAUS HIGH SCHOOL SWIMMING & DIVING

The name of the organization is the Hornet H2O Booster Club (“the Club”).

The purpose of the Hornet H2O Booster Club shall be to sponsor and support activities in order to help further promote a positive experience and culture for the Emmaus High School (EHS) Boys & Girls Swimming and Diving teams. The Club, a parent run organization, shall raise funds to supplement the needs of the EHS Boys & Girls Swimming and Diving teams, primarily for equipment, specialty items, an awards event and other financial team needs through various fundraising activities.

Membership is required by all parent(s) or legal guardian(s) of each student athlete on the EHS Boys & Girls Swimming and Diving teams in good standing, based on the standards of the EHS Athletic department. Membership is defined as an individual or a family, and voting is limited to one vote per family. An annual fee is charged for each membership. Membership in the Booster Club entails volunteer participation in fundraising and team events each fiscal year.

The amount of the annual fee shall be defined by the Executive Board at the summer Executive Board meeting during budget pre-planning, and must stipulate varying dues amounts to account for one or multiple athletes within one family. Dues are to be paid by the end of November each year.

The Club recognizes that financial circumstances vary among member families, and that in rare cases, the cost of annual dues may present a genuine hardship. Families facing such circumstances are encouraged to first explore available sponsorship opportunities, as outlined in the annual sponsorship package, which may offset or eliminate the dues obligation entirely. A hardship consideration will not be approved unless all reasonable sponsorship alternatives have been explored and exhausted.

Families requiring additional consideration beyond available sponsorship options may contact the President directly and in confidence. The President will present relevant circumstances to the full Executive Board, for a majority vote on whether a dues accommodation is warranted. Board members are obligated to maintain strict confidentiality regarding all information shared in the course of this deliberation and may not discuss the matter outside of the Executive Board context.

Hardship accommodations are granted at the full discretion of the Executive Board, and are non-precedential. The outcome of the board's determination will be communicated to the family by the President.

Any sponsorship, as outlined in the annual sponsorship package, generated by a swim or dive team member within a given fiscal year, equal to or in excess of the lowest level of sponsorship shall have their athlete(s) membership dues waived for that fiscal year. The total amount of sponsorship money collected must be in excess of the family’s membership due responsibility.

All parents/guardians whose child participated on the prior year’s team are eligible to attend meetings and pay annual dues. Prospective team parents may attend pre-season meetings. New members may pay dues after their child is accepted on the team in November. Any paid annual dues will be refunded to a family who no longer meets the eligibility requirements.

To be considered an active member with voting privileges, an individual/family must have attended a minimum of 2 meetings within one Booster fiscal year, must have paid annual dues, and must have a child participating in the Swim & Dive team.

The Emmaus Hornet Booster Club will recognize two (2) Swim and Dive Team Managers for purposes of membership dues exemption. The two (2) recognized Team Managers shall be designated by the Swim and Dive Team Head Coach and assigned prior to the start of the season. All other individuals serving in a team manager capacity will be required to pay full membership dues to be recognized as Team Managers by the Booster Club. Recognition as a Team Manager entitles the individual to inclusion in Booster Club-funded benefits extended to team members, including but not limited to the end-of-season banquet, Senior Night gifts, and team apparel items funded by the Club, provided those individuals are student managers in good standing with the Emmaus High School Athletic Department.

The officers of the Club shall consist of:

• President
• Vice President
• Secretary
• Treasurer

The Executive Board includes all officers of the Club. The Executive Board shall have the power to make discretionary decisions in matters pertaining to the Hornet H2O Booster Club.

The term of office shall be one year. Officers may succeed and nominate themselves.

No officer shall serve more than two (2) consecutive terms in the same executive role. Following two consecutive terms in the same role, an officer must wait a minimum of one (1) full term before seeking election to that same role again. The Executive Board may waive this restriction by unanimous vote in the event that no other qualified candidate is available to fill a position.

Nominations of officers will be held at the March meeting and communicated to members of the Hornet H2O Booster Club. Nominations are limited to one nomination per family. Election of officers will be held at the April meeting. Members must be present to vote, and the vote will be closed ballot. The term of office will be from May 1st of the current year to April 30th of the following year. The minimum age for officers shall be 21 years.

Should an officer become ineligible to be a Booster Club member during their term (i.e. child does not become a member of the Swim & Dive team), or should they request to step down from office due to personal hardship, they must immediately vacate their position on the Executive Board, and the remaining officers will be responsible for appointing an interim officer to fill the vacated position until the end of his/her term.

Current paid coaching staff of the Emmaus High School Swim and Dive program are ineligible to hold officer or committee chairperson positions within the Club.

The Head Coach of the Emmaus High School Swim and Dive program shall serve as a non-voting ex-officio member of the Club, attending both general and Executive Board meetings in an advisory capacity. The Head Coach may speak to any agenda item but shall not vote on any motion. In the event that an Executive Board meeting is convened to discuss matters directly involving the Head Coach or the Club's relationship with the coaching staff, the Head Coach shall be excused from that meeting for the duration of the relevant discussion. This designation belongs to the role of Head Coach and transfers automatically upon any change in that position.

The Club shall hold scheduled general Club meetings during the months of September, October, November, December, January, February, March, April and May. Officer meetings will be held in June and August, or at the discretion of the Executive Board. The day of the monthly general meeting shall be determined by the Executive Board at the summer meeting for the upcoming year. The rules contained in Robert’s Rules of Order shall govern in all cases except where rules identified within these bylaws take precedence.

The meeting agenda shall be prepared by the President in collaboration with the Vice President and Secretary, and distributed to all active members no fewer than twenty-four (24) hours prior to each general meeting. Motions from the floor shall be limited to items appearing on the distributed agenda. New business not appearing on the agenda may be introduced from the floor for discussion only; any motion arising from new business introduced from the floor shall be tabled to the following meeting, at which point it shall appear as an agenda item if seconded by at least two active members. Bylaw amendments may only be proposed and voted upon through the process defined in Article X. No motion to amend the bylaws shall be entertained from the floor at any general meeting outside of this process.

The President, or majority of the Executive Board members, may schedule special meetings to discuss matters pertaining to the Club.

Minutes of all Club meetings will be documented and distributed to members in a timely manner. If an urgent matter arises between meetings that require action by the Club, the President or Vice President will send an email to all active members with voting privileges to make a determination.

Electronic votes conducted between meetings shall be considered valid provided that: (a) the motion and all relevant information are distributed in writing to all active members with voting privileges; (b) a minimum response window of seventy-two (72) hours is provided; and (c) a majority of those responding constitutes a passing vote. The Secretary is responsible for documenting and recording all electronic votes in the official minutes of the following scheduled meeting.

All active members with voting privileges may propose projects, make motions on all subjects, second motions and voice their opinion on all subjects concerning the Club.

A quorum of at least five active voting members, including a minimum of two members of the Executive Board, must be present for a vote on a motion. In the case of a vote resulting in a tie, the President’s vote will be the deciding vote, or the President may carry the motion forward to the next meeting for discussion and vote.

For Executive Board-only meetings, a quorum shall consist of at least three (3) of the four (4) executive officers. No binding decision may be made at an Executive Board meeting at which fewer than three officers are present.

Any motion proposing the removal of an officer, dissolution of the Executive Board, or structural reorganization of Club leadership shall require a two-thirds supermajority vote of active members, written notice to all active members no fewer than fourteen (14) days in advance, and must appear on the distributed meeting agenda prior to being brought to a vote.

The fiscal year of the organization shall begin May 1 and shall end on April 30 of the following year.

The Hornet H2O Booster Club shall approve and vote to pass an annual budget at a meeting held in September. A quorum is required for the September meeting.

Adjustments to the annual budget can be made by the Executive Board during the fiscal year if projected expenditures exceed actual revenue.

The approved budget shall contain a discretionary line item in the amount no greater than $1,000, to be dispersed at the discretion of the Executive Board.

Prior to the election of a new Board, the current Board shall submit to the Club a proposed line-item budget for the following year. Line-item collections include all money collected in membership dues, sponsorships, and donations throughout the current Board’s term. Line-item expenses include all expenses paid for by the Club throughout the Board’s term, including items donated by individuals that are typically paid for by the Club. A $1,000.00 contingency shall be added to expenses per the Bylaws of the Hornet H2O Booster Club. The proposed budget shall include a proposed Booster Club Membership Fee based on estimated collections, all line-item expenses, and the estimated number of athletes and two (2) recognized Team Managers.

If the season’s actual budget is forecasted during the season to exceed the Club-approved estimated budget, the Club shall determine a course of action by majority vote of the general membership. Options include reducing budgeted line items to align with available funds or approving an in-season supplemental dues collection. No in-season due collection may be levied by the Executive Board without a majority vote of the general membership. The Club’s actual budget at the close of the fiscal year may not result in a net loss. Any surplus beyond the estimated budget may be allocated as the Club approves by majority vote.

Any surplus funds remaining in the Hornet H2O Booster Club bank account at the conclusion of a fiscal year, beyond what is required for the following season's approved operating budget, may only be used to purchase equipment to benefit the current and future Swim and Dive Teams. This restriction applies to year-end surplus only and does not limit the Club's ability to fund team apparel, spirit merchandise, or other budgeted operational expenses in the ordinary course of business. The Club shall coordinate equipment expenses with the Emmaus High School Swim and Dive Team athletic budget. If equipment is to be shared with the Emmaus Aquatic Club (EMAC), the Club shall coordinate and share expenses with the EHS athletic budget and EMAC. Any financial commitment involving a shared purchase with EHS or EMAC must be preceded by a formal, written Memorandum of Understanding (MOU) signed by authorized representatives of all participating entities prior to any funds being committed. Excess funds shall not be used for meals, travel expenses, clothing, or personal items.

Excess funds not required for immediate operational expenses may be placed in a low-risk, liquid capital vehicle, such as a Certificate of Deposit (CD) or high-yield savings account, upon a majority vote of the Executive Board. These funds shall remain restricted exclusively for long-term equipment purchases as outlined herein.

Any new fundraising activity not included in the approved annual budget requires a formal motion and majority vote of the general membership prior to initiation. The Committee Chairperson proposing the fundraiser shall present the activity, a projected income and expense summary, and the anticipated timeline at a general meeting before the vote is held.

Section I—President

The President shall:

• Preside at all Hornet H2O Booster Club meetings and shall present to the members any agenda items to be discussed at the meetings.
• Oversee all outgoing Club communications, including member correspondence and platform updates, with the assistance of the Vice President.
• Appoint standing and temporary committees and fill committee chairperson’s positions in consultation with the Vice President, who shall serve as the primary point of contact for chairpersons between meetings.
• Sign, along with the Vice President, all legal papers and official documents in the name of the Hornet H2O Booster Club.
• Give payment authorization to the Treasurer for all expenditures. In addition, all checks for payment must be signed by the President, as well as the Treasurer.
• Serve as liaison with the Athletic Department and the Athletic Director. The President shall also serve as spokesperson for the Hornet H2O Booster Club in dealings with coaches.
• Have access to the Booster Club bank account.

Section II—Vice President

The Vice President shall:

• Perform all of the duties of the President in the absence of the President.
• Serve as the primary point of contact for all standing and temporary Committee Chairpersons between scheduled meetings; maintain awareness of each committee's progress against its approved plan and communicate any issues requiring Executive Board attention to the President in advance of the next meeting. Committee Chairpersons are responsible for delivering their own status reports at general meetings; in the event that a Chairperson is absent, the Vice President shall deliver the report on their behalf.
• Assist the President in preparing for each general and Executive Board meeting by gathering relevant updates from committee chairs in advance and collaborating with the President and Secretary in the development of the meeting agenda.
• Assist the President in the review and distribution of Club communications, including member emails, platform updates through SwimTopia, and other outgoing correspondence, as directed by the President.
• Maintain the membership list, tally member meeting attendance, and keep an accurate record of voting eligibility.
• Coordinate the recruitment of active Club members to fill committee vacancies and open volunteer roles throughout the season, in consultation with the President.
• Oversee the onboarding of new Club families, including the coordination of welcome packet distribution, facilitation of introductions at pre-season events, and connection of new families with the Connections Committee Chairperson.
• Maintain thorough documentation of all Vice President responsibilities, key contacts, vendor relationships, and active processes throughout the term, and work with the President to ensure a complete transfer of all records, credentials, and institutional knowledge to incoming officers no later than thirty (30) days following the election of a new Executive Board.

Section III—Secretary

The Secretary shall:

• Keep a correct record of all proceedings of the meetings of the Hornet H2O Booster Club.
• Attend to all correspondence of the club, including minutes of meetings, meeting announcements, and emails to/from the Executive Board.
• Keep and maintain the official record book of the Club.
• Reserve meeting rooms for Club and Executive Board meetings.
• Prepare and send meeting agendas to Club membership.
• Turn over all records of the Club to the new Secretary, at the conclusion of the term of office.

Section IV—Treasurer

The Treasurer shall:

• Receive all money and funds due to the Hornet H2O Booster Club. Treasurer will make reasonable efforts to deposit funds received into the Club’s official checking account within three (3) banking business days of receipt.
• Keep an accurate record of the Club’s receipts and expenditures.
• Submit a list of bills approved for payment at monthly meetings. Obtain payment authorization from the President for all expenditures.
• Report on the financial conditions of the Club at each scheduled meeting and provide a budget summary to the membership each year.
• Propose preliminary budget subject to President and/or Board approval.
• Maintain a checking account in the name of the Hornet H2O Booster Club. Any payment made must be accompanied by appropriate invoices or other documentation, and will require the authorization of the President. All checks must bear the signature or written authorization of both the Treasurer and the President.
• Provide Booster Club Reimbursement Form and instructions for expenditures to committee chairs and coaches.
• The accounts and records of the Hornet H2O Booster Club shall be examined annually following the April meeting and prior to the September meeting by the Audit Committee. The Audit Committee shall consist of at least one (1) active Club member who is not a current executive officer. The Audit Committee shall submit a written summary of its findings to the full Club membership at the September general meeting.

Each Executive Board member shall endeavor to:

• Act as a leader in their respective office and guide the group to accomplish the goals and purposes of the organization.
• Attend all Club (Executive and general) meetings.
• Keep record of all activities and deliver to their successor any official material no later than thirty (30) days following the date when new officers assume their duties.

Standard and temporary committees shall be formed as the Club deems necessary. The following standard committees have been established:

• Fundraising (team book, snack stand, spirit wear, sponsorships, and other fundraising events)
• Team Building / Social (pre-season activity, dining events, banquet, decorations, Senior night, parent bonding, Angel Network)
• Meet Management (volunteers, training, hospitality, travel meet team snacks, District/State tickets and State hotel coordination)
• Audit

All Committee Chairpersons must be Booster Club active members. Volunteering, nominating or appointing can serve as the means to fill any Committee Chairperson position. The Executive Board will determine all chairpersons, and the President shall announce the Committee Chairpersons at the September meeting. The term of appointment shall be one year. Committee Chairpersons may succeed themselves. A vacancy occurring in a committee chairperson’s role shall be filled by action of the Executive Board, in appointing a qualified active Club member to serve the remainder of the term.

The chairperson of each committee shall develop a plan to support their function and present it to the Executive Board for approval at the earliest general meeting for which sufficient information is available, but no later than the November general meeting.

Duties of each chairperson shall include:

• Obtain committee members from the Club membership to manage and execute the responsibilities of the committee.
• Act as a leader in their respective committee and guide the group to accomplish the goals and purposes of the organization.
• Present all proposals, plans and budget estimates to the membership.
• Attend all Club meetings or send a committee representative if unable to attend.
• Keep record of all activities and receipts, and deliver to their successor the official material no later than thirty (30) days following the date when new chairpersons assume their duties.

Committee members must be Booster Club active, paid members.

Any grievance, which shall arise concerning the functions of the Hornet H2O Booster Club, and is submitted in writing to a Club officer shall be handled by the Executive Board. Their decision shall be final.

Suggestions for amendments or changes to the bylaws may be submitted at any time by presenting the proposed change, in writing, to any executive officer. Upon receipt, the Executive Board shall review the proposed amendment at its next scheduled meeting and determine by majority vote whether the proposal is sufficiently complete and appropriate for presentation to the general membership. A proposed amendment that does not receive majority board approval shall be returned to the submitting member with written explanation, and may be resubmitted in revised form at any time. A proposed amendment approved by the Executive Board shall be formally presented to the Club at the next scheduled general meeting, and a membership vote shall occur at the following general meeting, no sooner than one month after presentation. The Secretary shall distribute the full text of all proposed amendments to all active members with voting privileges no fewer than fourteen (14) days prior to the voting meeting.

In the event that the Hornet H2O Booster Club should disband, after full payment of all liabilities have been made, all monies belonging to the Club shall be transferred to the Emmaus High School Athletic Department or such other organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, or a political subdivision thereof such as the East Penn School District, and designated for use by the Emmaus High School Boys & Girls Swimming and Diving teams for the needs of those teams as per request of the head coach until a new form of parent representation can be established.

The Hornet H2O Booster Club shall have absolutely no authority over, nor input into, athletic or program matters. This includes, but is not limited to, the appointment or termination of coaching staff, team selection, event lineups, participant eligibility, or the designation of team captains. The Club exists solely to provide financial and organizational support to the EHS Swim and Dive program and shall defer all athletic decisions to the coaching staff and the Emmaus High School Athletic Department.

Membership and participation in the Club shall not be denied to any individual on the basis of race, color, creed, religion, national origin, gender, sexual orientation, disability, or any other characteristic protected by applicable federal, state, or local law.

Every member of the Executive Board and any committee chairperson acting in good faith on behalf of the Club may be indemnified by the Club against all expenses and liabilities, including reasonable counsel fees, incurred in connection with any threatened, pending, or completed action, suit, or proceeding arising by reason of their service to the Club. Indemnification shall not apply in cases where the act or omission giving rise to the claim is determined by a court to constitute willful misconduct, fraud, or gross negligence. No part of the Club’s net earnings shall inure to the benefit of any private individual, officer, or member, consistent with the requirements of Section 501(c)(3) of the Internal Revenue Code.

Executive Board members, committee chairpersons, volunteers, and contractors of the Club shall refrain from any action or activity that impairs, or appears to impair, their objectivity in the performance of their duties on behalf of the Club. A conflict of interest exists when the personal, financial, or other interests of any individual compete or appear to compete with the interests of the Club. Any individual with a potential conflict of interest in a pending Club decision shall disclose the conflict to the Executive Board and shall recuse themselves from any related vote or decision. A copy of this policy shall be provided to each Executive Board member and committee chairperson upon assuming their role, and all parties shall sign and return a written acknowledgment form to the Secretary upon assuming their role, confirming receipt of this policy. The Secretary shall retain all signed acknowledgments as part of the Club's official records.

The Secretary shall distribute approved meeting minutes to all active members within fourteen (14) days following each meeting. The Club shall maintain complete financial records, including all receipts, disbursements, bank statements, and tax filings, for a minimum of seven (7) years, consistent with IRS standards for nonprofit organizations. All official records, including minutes, financial ledgers, tax correspondence, and governing documents, shall be maintained in a shared digital archive accessible to all current executive officers. At the transition of any officer role, all official records, credentials, and platform access shall be transferred to the incoming officer within thirty (30) days of the new term’s commencement.

The Club shall accept monetary donations and sponsorships consistent with its purpose and governing documents. In-kind donations shall be accepted at the discretion of the Executive Board. All donors making contributions of $250.00 or more shall receive a written acknowledgment from the Treasurer confirming the amount and nature of the contribution, and noting whether any goods or services were provided in exchange. The Club shall not accept donations that would create a conflict of interest, impose undue obligations, or otherwise compromise the independence of the Club or the integrity of the Emmaus High School Swim and Dive program.

The Hornet H2O Booster Club shall operate in accordance with the laws of the Commonwealth of Pennsylvania, including the Pennsylvania Nonprofit Corporation Law (15 Pa. C.S. § 5101 et seq.), to the extent applicable. In any conflict between these bylaws and applicable law, the law shall control.