Notice!! A paper copy of the bylaws was scanned and the content recognized by an OCR (Optical Character Recognition) program. This type of program reads some characters incorrectly, and although every attempt was made to correct those inconsistencies, please understand that some may remain. In creating this page, formatting and minor spelling changes have occurred. Therefore, these aren't the "official" bylaws but a representation of them. There are a few changes, that I have missed. As soon as I get an updated copy, I'll be making a pdf version available. (Signed Sharon Skaryd)
BYLAWS of the
ORIGINAL DULCIMER PLAYERS CLUB, INC.
A Michigan Nonprofit Corporation

ARTICLE I
Offices
Section 1. Registered Office.
A. The corporation shall have and continuously maintain in the State of Michigan a registered office located at 7093 14 Mile Road, Evart, MI 49631.
B. The corporation may, by resolution of the executive board, change the location to any other place in Michigan.
Section 2. Other Offices.
A. The corporation may also maintain off ices at such other places, with or without the State of Michigan, as the executive board may, from time to time, establish.
ARTICLE II
Membership
Section 1. Qualifications for membership.
A. Any person who is desirous of furthering the objectives for which this corporation is formed and who shall pay the annual fee as established by, the by laws of the corporation and whose membership has been approved by the executive board shall be eligible to membership in this corporation.
Section 2. Membership Fees.
A. Annual Membership.
1. As a condition for acquiring and holding membership in the corporation, applicants for membership shall pay an annual membership fee of five dollars ($5.00) per member household during the current fiscal year of the corporation.
2. Senior citizens (age 60 or older), shall also pay an annual membership fee of five dollars ($5.00).
Such annual membership fees shall be recognized by the receipt of a membership card of the corporation signed by the secretary or treasurer.
Section 3. Expulsion of a Member.
A. Whenever the conduct or character of any member shall injure the welfare, interest, or character of this corporation s/he may be expelled there from.
B. The executive board of its own motion may, and upon the complaint in writing of three (3) members, shall enter a resolution upon its records for the investigation of charges against any member which shall specify the charges and fix a time and place for hearing of same.
C. It shall be the duty of the secretary to cause a true copy of such resolution, certified by him/her, to be personally served upon such member, at least ten (10) days before the time fixed for such hearing.
D. At the time specified in such resolution, the executive board shall meet at the place named and shall then and at such time or times thereafter as they may adjourn to hear and determine the matter of the charges. The member complained of shall have full opportunity to be heard upon such charges and the board shall prescribe the mode of the procedure upon such hearing. The secretary shall keep an accurate record of all proceedings.
E. If the executive board shall adjudge by a vote of not less than seven (7) members, that the charge alleged are approved and come within the meaning of the first paragraph of this section, they shall enter a resolution that the member be expelled.
F. Within thirty (30) days, such expelled member may appeal to the corporation from the decision of the executive board, by filing a written claim to appeal, with the secretary, signed by him/herself. The secretary shall thereupon call a special meeting of the members for the purpose of hearing such appeal. At such meeting or at a regular meeting the members shall hear said-appeal in such a manner as it may determine and may restore said expelled member by a vote of the majority of the members present. Such vote shall be secret and by written ballot.
G. The member claiming such appeal shall not be entitled to any of the rights and privileges of the corporation until he is restored to membership.
H. Elected officers and any member of the executive board may be removed from office for cause by the affirmative vote of two-third (2/3) of the members present at any regular or special meeting of the board notice of the proposed action having been mailed to all the board and to the affected officer or member of the board twenty (20) days previous to the meeting which notice to the affected member or officer of the board shall contain a statement of the cause of removal to be determined at said meeting. Voting on the question of removal shall be by secret ballot. Should such office be declared vacant, it shall be filled by the board at its first regular meeting or special meeting thereafter. The person appointed shall serve until a successor is elected/appointed and qualified. Employees and servants hired by the board shall not e within the scope of this section.
ARTICLE III
MEETINGS OF MEMBERSHIP
Section 1. Fiscal Year.
A. The fiscal year of this corporation shall begin on the first day of September and end on the last day of August in each calendar year.
Section 2. Annual Meetings.
A. The annual meeting of this corporation shall be held at a time and place approved by the executive board and designated in the notice of the meeting, on Saturday of the last weekend of September in each year.
Section 3. Other Meetings.
A. There shall be a winter meeting of the corporation held on the third Saturday in January, place and time to be designated by the executive board.
B. There shall be a spring meeting of the corporation held on the first Saturday in May, place and time to be designated by the executive board.
Section 4. Informal Meetings.
A. There shall be one informal meeting a year, designated as FunFest, to be held the third full weekend in July. The FunFest will start Thursday, 8:00 AM and go through Sunday, 12:00 noon. The location shall be maintained and kept at the Osceola 4-H and FFA Fair Grounds, Evart, Mi. This location is to honor the late Elgia Hickok, of nearby Sears, the founder of the club.
Section 5. FunFest Plan Meeting.
A. There shall be one meeting of This corporation, called FunFest Plan Meet, held at a place approved by the executive board and designated in the notice of the meeting, at 1:00 PM on Sunday of the last weekend of September in each year.
Section 6. Special Meetings.
A. Special meetings of the corporation members may be called at any time by the president and the president shall call such meetings whenever a majority of the executive board or one-tenth (1/10) of the members shall so request.
Section 7. Notice of Meetings.
A. Written or printed notice if the annual meeting, special meetings, and other meetings shall be prepared by the secretary and mailed to each member at her/his post office address as the same appears on the books of the corporation, not less than three days previous to the date of such meetings. Such notice shall state the place, time and purpose of the meeting.
Section 8. Voting.
A. Voting rights at any members meeting shall be confined exclusively to the members that have been accepted as members by the board and have paid their dues prior to the meeting. There shall be only one vote per member on each ballot cast and members shall not have the right to vote by proxy or by absentee ballot.
Section 9. Quorum.
A. A quorum at any meeting of the members of the corporation shall be considered ten (10) members for the legal transaction of business.
Section 10. List of Membership.
A. At least ten (10) days before every membership meeting, a complete list, arranged in alphabetical order of the members entitled to vote at such meeting shall be prepared by the secretary of the corporation. Such list shall be open at the office of the corporation for at least ten days before such meeting for the purposes of examination by any registered member entitled to vote at such meeting and shall be produced and kept at the time and place of such meeting during the whole time thereof and shall be subject to the inspection of any registered member entitled to vote who may be present.
Section 11. Order of Business.
A. The order of business at meetings of the membership and the executive board shall be as follows.
1. Call to order.
2. Proof of due notice of meeting.
3. Reading and disposal of minutes of last meeting.
4. Reports of officers.
5. Reports of committees.
6. Election of officers and directors (if to be elected).
7. Unfinished business.
8. New business.
9. Announcements.
10. Adjournment.
Article IV
Executive Board
Section 1. Numbers and Qualifications.
A. The business of this corporation shall be managed by an executive board who shall be
1. the officers (5)
2. the trustees (3)
3. honorary trustee
4. the resident agent (may be a officer)
5. the locations director
6. the director of workshops
7. the Osceola 4-H and FFA Fair president
These persons, with their marital partners shall act as the executive board of this corporation.
Section 2. Termination of Membership of Executive Board.
A. Any board member, (officer/trustee/agent/director) who shall cease to be duly qualified as a member of this corporation shall there upon cease to be eligible to hold office and his/her office shall thereby be automatically vacated.
B. Any board member who shall fail to attend three consecutive meetings of the board without just cause may be replaced by the board after his/her office is determined vacated.
Section 3. Appointments to Fill Vacancies.
A. Vacancies occurring on the executive board between annual meetings of the corporation may be filled be appointment when approved by the majority of the board members at the next regular meeting. The person so appointed shall hold office until the next annual meeting of the corporation and or until his/her successor is duly elected/appointed and qualified to complete the term of the vacates member.
Section 4. Meetings of the Board of Directors.
A. The executive board shall meet regularly prior to the meetings of the corporation. Additional meetings may be called b the President or Vice-Presidents, or by a majority of the executive board. Any duly called meeting of the board shall be considered a regular meeting of said board at which any and all business may be transacted unless objection thereto is raised by a majority of the board members present at said meeting.
Section 5. Quorum.
A. A quorum at any meeting of the executive board shall be considered Five (5) members for the legal transaction of board business.
Article V
Duties of the Executive Board
Section 1. Management of the Business.
A. The executive board shall have general supervision and control of the business and the affairs of the corporation and shall make all necessary rules and regulations not inconsistent with the laws of the County, State, these by-laws and the Articles of incorporation, for the management and guidance of the officers, employees and agents of the corporation.
Section 2. Employment of a Manager.
A. The board shall have the power to employ and dismiss a manager and such other employees as may be necessary or desirable and to fix their compensation.
Section 3. Depositories.
A. The board shall have the power to elect one or more banks to act as depository for the funds of the corporation and to determine the manner of receiving, depositing and disbursing the funds of the corporation and the form of checks and the person or persons to whom shall e delegated the authority for signing checks.
Section 4. Surety Bonds and Insurance.
A. The board may require of the manager and all other officers, agents and employees charged by the corporation with the responsibility, of the custody of any of its funds or property to give adequate bonds in such amounts and with securities as the approval of the board, the costs thereof and premiums to 6e paid by the corporation.
B. The board shall provide for adequate insurance of all property, regardless of ownership which may be in the possession of the corporation, or owned or stored by it and shall provide adequate employee's liability insurance for all employees and shall provide adequate public liability insurance for its contact with the general public.
Section 5. Accounting Records.
A. The board shall require the keeping of accounting records which shall be adequate to meet the requirements of the business and maintain records of all business transactions. Such membership records as are necessary to determine the members at the annual meeting.
Section 6. Annual Reports.
A. Immediately after the close of each fiscal year, the board shall cause to be prepared an annual statement which shall be submitted to the members at the annual meeting. The report shall include at least:
1. Statement of financial conditions showing the assets and liabilities as of the close of fiscal year.
2. An operating statement for the fiscal period under review showing a classified statement of gross income and expenses incurred during said period.
Section 7. Books Open to Members.
A. The board shall keep the books of account open to the inspection of any member who shall have been a member of record for at least three months prior thereto and at all reasonable times for proper purposes.
Article VI
Officers
Section 1. Officers.
A. The officers of the corporation shall consist of a president, co-vice presidents (2), a secretary and a treasurer.
Section 2. Election of Officers.
A. The officers of the corporation shall be elected by and from the membership at the annual meeting, on even numbered years, for a 2 year term.
B. Officers shall hold office until their successors are elected and certified.
C. Trustees are to be appointed by the president for a life term to the executive board. Such appointments shall be made to qualified members of this corporation and all such appointees must remain members in good standing of the corporation.
D. Honorary trustees are appointed by the executive board for their past service to the club and need not comply with the rules stated above.
E. The resident agent, elected by the members of the corporation at the annual meeting of the corporation, for a life term (may be an officer).
F. The locations director, elected by the members of the corporation at any members meeting of the corporation, for a life term.
G. The president of the Osceola 4-H & FFA Fair board, elected by the fair board.
Section 3. Assistant Secretaries and/or Treasurers.
A. In the description of the executive board, an assistant secretary, and/or treasurer may be appointed to perform such duties of the secretary and/or treasurer as may be prescribed by the board in connection with the appointment of such assistant secretary and/or treasurer. The assistant secretary and/or treasurer may be appointed outside from the board.
Section 4. Vacancies.
A. The executive board shall have the power to fill vacancies in any office occurring from whatever reason.
Article VII
Duties of Officers
Section 1. Duties of the President.
A. The president shall be the chief executive of the corporation and, subject to the direction and under the supervision of the board shall have general charge of the business, affairs and property of the corporation, and control over its officers, agents and employees.
The President shall:
1. Preside over all meetings of the members and the board.
2. Call special meetings of the members and of the board.
3. Sign all papers and instruments of the corporation as she/he may be authorized or directed to sign by the board.
4. Perform all acts and duties usually preformed by an executive and presiding officer and as instructed by the executive board.
5. Act as the FunFest manager it none is employed by the board.
6. Appoint such committees as required by the club.
7. Be present and act as welcoming host, for the FunFest, from Thursday 8 AM through Sunday noon, closing of the FunFest.
8. Put together and mail, to the members, a news letter at least four times a year.
Section 2. Duties of the Co-Vice Presidents.
The co-vice-presidents shall:
1. Aid and assist the President in his duties.
2. In the absence of or disability of the president, perform the duties of the president: provided, that in the case the vacancy or disability of the president shall be permanent, the executive board shall appoint his/her successor.
3. Be responsible for the activity of all committees of the corporation, and to chair all committees for which specific other persons have not been named.
Section 3. Duties of the Secretary.
A. The secretary shall be the recording officer of the corporation.
The secretary shall:
1 . Keep a complete record of all meetings of the members and of the executive board and of any special committees, in a corporate minute book specifically provided for that purpose.
2. Have general charge and supervision of, and safety in keeping the records and documents of the corporation.
3. Keep the logo of the corporation and affix it to all instruments which require such logo and wherein instructed to do so by th e board.
4. Sign all papers and instruments of the corporation as he/she may be authorized or directed to do so by the board.
5. Serve all notices required by law, these by-laws, or as directed by the president or the board.
6. Make a full report of all matters pertaining to his/her off ice to the members at their annual meeting and shall make special reports as may be from time to time requested by the president or the board.
7. Make all reports required by law and shall perform such other duties as may be required of him/her by the corporation or the board
8. Be responsible for dues records, members list and mailings of meeting notices and fliers.
Section 4. Duties of the Treasurer.
The Treasurer shall:
1 . Have custody of the corporate funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the corporation.
2. Cause all moneys and other valuable effects to be deposited in the name and to the credit of the corporation in such depositories as may be designed by the board.
3. Cause the funds of the corporation to be disbursed when such disbursements have been duly authorized, taking proper vouchers for such disbursements and shall render to the president or the board, whenever requested, an account of all transactions as treasurer and of the financial condition of the corporation.
4. In general perform all duties and have all powers incident to the office of treasurer and shall perform such other duties and have such other powers as may, from time to time, be assigned by these bylaws, the board, or the president.
5. Sign all papers and instruments of the corporation as he/she may be authorized or directed to do so by the board.
6. Make a full report of all matters pertaining to his/her off ice to the members at their meetings and shall make special reports as may be from time to time requested-by the president or the board.
7. Make all reports required by law and shall perform such other duties as may be required of him/her by the corporation or board.
Section 5. Duties of the Trustees.
The trustees shall:
1. Represent the membership on the executive board and because of the length of their term keep continuity and the direction of the club in focus.
Section 6. Duties of the Resident Agent.
The Resident Agent Shall:
1. Be registered with the State of Michigan as O.D.P.C. resident agent per Michigan State law.
2. File non-profit corporation annual reports with the State of Michigan.
Section 7. Duties of the Locations Director.
The locations director shall:
1. Secure the locations for all members meetings, as far in advance as practical.
2. To have a meeting list ready for news letters, along with maps.
Section 8. Duties of the Osceola 4-H & FFA President.
The fair board president shall:
1. Keep continuity between the fair and the O.D.P.C.
2. Work with the O.D.P.C. officers and committees in setting up the grounds, buildings and equipment for the FunFest.
3. Be in charge of camping spaces, discipline, and camping fees (camping fees go to the fairboard).
4. Be in charge of all food booths during the FunFest.
ARTICLE VIII
CONTRACTS
Section 1. Common Boardship, Officership or Interest.
A contract or other transaction between a corporation and one or more of its board members or officers, or between a corporation and a domestic or foreign corporation, firm, or association of any type or kind, in which one or more of its board members or officers are board members or officers, or are otherwise interested, is not void or voidable solely because of such common boardship, officership or interest.
Neither is such contract or transaction void solely because such board members are present at the meeting of the board or committee thereof which authorizes or approves the contract or transaction, or solely because their votes are counted for such, if any one of the following conditions is satisfied
A. The contract or other transaction is fair and reasonable to the corporation when it is authorized, approved, or ratified.
B. The material facts as to the board member's or officer's relationship or interest, and as to the contract or transaction are disclosed or known to the board or committee and the board or committee authorizes, approves, or ratifies the contract or transaction by a vote sufficient for the purpose, without counting the vote of any common or interested board member.
C. The material facts as to the board member's or officer's relationship or interest, and as to the contract or transaction, are disclosed or known to the members, and they authorize, approve, or ratify the contract or transaction.
Section 2. Burden of Establishing Contract's Validity.
When the validity of a contract is questioned, the burden of establishing its validity, on any of the grounds prescribed in that section, is upon the director, officer, corporation, firm, or association asserting its validity,
Section 3. Counting Interested Board Members in Quorum.
Common or interested board members may be counted in determining the presence of a quorum at a board or committee meeting at which a contract or transaction is authorized, approved, or ratified.
Section 4. Compensation of the Board for Services.
A. The board by affirmative vote of a majority of board members in office and irrespective of any personal interest of any of them, may establish reasonable compensation of the board for services to the corporation as board members or offices, approval of the members is required.
B. Board members and committee chairpersons may receive money from the treasurer as needed for phone calls, printing, postage, and rental fees, acquired for and with the consent of the O.D.P.C.
Section 5. Corporate Loan, Guarantee or Assistance for its Officers or Employees.
A corporation may lend money to, or guarantee an obligation of, or otherwise assist an officer or employee of the corporation or of its subsidiary, including an officer or employee who is a board member of the corporation or its subsidiary, when, in the judgment of the board, the loan, guaranty, or assistance reasonably may be expected to benefit the corporation. The loan guaranty or assistance may be with or without interest, and may be secured, or unsecured in such manner as the board approves, including without limitation.
Nothing in this section shall be deemed to deny, limit, or restrict the powers of guaranty or warranty of a corporation at common law or under any statute.
Article IX
Indemnification of Corporate Agents
Section 1. Proceedings Against Corporate Agents.
The corporation shall have power to indemnify any person who was or is a party to, or is threatened to be made a party to, any threatened, pending or completed action, suit, or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the corporation) by reason of the fact that the person is or was a board member, officer, employee or agent of the corporation, or is or was serving at the request of the corporation as a board member, officer, employee, or agent of another corporation, partnership, joint venture, trust or other enterprise. The indemnification shall be against expenses (including attorney's fees), judgments, fines, and amounts paid in settlement, actually and reasonably incurred in connection with such action, suit, or proceeding. The corporation shall have the power to indemnify the board member officer, employee, or agent of the corporation, only if she/he acted in good faith and in a manner she/he reasonably believed to be in or not opposed to the best interests of the corporation or its members, and with respect to any criminal action or proceeding, had no reasonably cause to believe that the conduct was unlawful.
Section 2. Proceedings by or in the Right of the Corporation.
A corporation shall have power to indemnify any person who was or is a party to, or is threatened to be made a party to, any threatened, pending, or completed action or suit by or in the right of, the corporation to procure a judgment in its favor by reason of the fact that the person is or was a board member, officer, employee or agent of the corporation or is or was serving at the request of the corporation as a board member, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise. The indemnification shall be against expenses (including attorney's fees) actually and reasonably incurred in connection with the defense or settlement of such action or suit. The corporation shall have the power to indemnify any person only if that person acted in good faith and in a manner reasonably believed to be in or not opposed to the best interest of the corporation or its members. However, no indemnification shall be made in respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of a duty to the corporation unless, and only to the extent that, the court in which such action or suit was brought shall determine upon application that, despite the adjudication of liability, though in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnity for such expenses which such court shall deem proper.
Section 3. Corporate Agent Successful in Proceeding.
To the extent that a board member, officer, employee, or agent of a corporation has been successful on the merits or otherwise in defense of any action, suit, or proceeding, referred to above, or in defense of any claim, issue, or matter therein, that person shall be indemnified against expenses (including attorney's fees) actually and reasonably incurred.
Section 4. Determination that Indemnification is Proper.
Unless ordered by a court, any indemnification shall be made by the corporation or as authorized in the specific area upon a determination that indemnification of the board member officer, employee, or agent is proper in the circumstances because that person has met the applicable standard of conduct set forth in those sections. Such determination shall be made in either of the following ways:
A. By the board upon a majority vote or quorum consisting of board members who were not parties to such action, suit, or proceeding; or
B. If such quorum is not obtainable, or, even if obtainable, a quorum of disinterested board members so directs, by independent legal counsel in a written opinion, or,
C. By the members.
Section 5. Expenses Payable in Advance.
Expenses incurred in defending a civil or criminal action, suit or proceeding may be paid by the corporation in advance of the final disposition of such action, suit or proceeding, as authorized in the Michigan Nonprofit Corporation Act. upon receipt of an undertaking by or on behalf of the board member, officer, employee, or agent to repay such amount, unless it ultimately shall be determined that the person is entitled to be indemnified by the corporation.
Section 6. Rights Not Exclusive.
Further provisions may be made to indemnify directors or officers in any action, suit, or proceeding. Whether contained in the articles, bylaws, a resolution of members, an agreement or otherwise, so long as such provisions are not in conflict with the Michigan Nonprofit Corporation Act. Nothing contained in the Act shall affect any rights to indemnification to which persons other than the board and officers may be entitled by contract or otherwise by law. Moreover, the indemnification provided in the Act continues as to a person who as ceased to be a board member, officer, employee or agent and shall insure to the benefit of the heirs, executors and administrators of such person.
Section 7. Liability Insurance.
The corporation shall have power to purchase and maintain insurance on behalf of any person who is or was a board member, officer, employee, or agent of the corporation, or is or was serving at the request of the corporation as a board member officer employee or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted against that person and incurred by that person in any such capacity or arising out of that person's status as such, whether or not the corporation would have power to indemnity that person against liability pursuant to the Michigan Nonprofit Corporation Act.
Section 8. Constituent Corporation.
References to the corporation include all constituent corporations absorbed in a consolidation or merger and the resulting or surviving corporation, partnership, joint venture, trust or other enterprise shall stand in the same position with respect to the resulting or surviving corporation as that person would if that person had served the resulting or surviving corporation in the same capacity.
Basis of Operation
The Original Dulcimer Players Club is a Non-Profit corporation which will remain Non-Profit throughout its existence. The following basis of operation is adopted by the members for the conduct of business of the corporation:
Section 1. Purpose.
The purpose of the Original Dulcimer Players Club is to promote and preserve the art of playing the Hammered Dulcimer. To provide an organization where dulcimer players can exchange information and knowledge regarding the instrument, with each other. To provide for workshops, seminars and concerts. To make this instrument better known to the public. To perpetuate the art of construction and playing this instrument so that the knowledge can be of benefit to future generations.
Section 2. Dissolution.
In the event of dissolution, after the payment of all debts and liquidation of all liabilities of this corporation all assets, real and personal, shall be transferred to The City of Evart Historical Museum located in the City of Evart, Michigan. In no event shall any of the assets of the corporation be distributed to any member, or officer of the corporation.Article XI
Parliamentary Rules
Section 1. Parliamentary Procedure.
Robert's Parliamentary Rules of Order shall be followed in all business meetings of the members and executive board, unless otherwise depicted in these By-Laws.
Article XII
Committees of the Corporation
Section 1. Permanent Committees.
The following permanent committees are established, along with guidelines for same:
A. Budget and Auditing (committee of 3 club members ).
1. To prepare a budget, to be presented to the executive board for approval, at their first meeting after the annual meeting.
2.
To audit the books of the corporation after the close of the fiscal year, and to make a report to the executive board.B. Publicity.
1. To prepare, have printed, and distribute any promotional items for the club or FunFest.
C. Nominations Committee.
1. This committee shall consist of: one Vice-President, who shall be appointed by the President.
2.
Nominations shall be presented to the committee in written form, before or at the spring meeting preceding the fall election, signed by both the person making the nomination, and the person accepting the nomination.Section 2. Committee Appointments.
1.
At the first regular meeting each year, the executive board shall receive from its president for approval, appointments to the above named committees all of whom shall serve during the pleasure of the executive board.2. The executive board shall appoint or approve presidential appointments of such other committees as it deems necessary for the interest of the corporation.
3. All committees shall be subject to the supervision and control of the executive board and be responsible to the board.
4. The chairperson and members of committees need not be members of the board.
Article XIII
O.D.P.C. Sponsored FunFest
Section 1. Informal Meeting (FunFest).
The corporation shall hold at least one FunFest each year at the fair grounds in Osceola County Evart which shall be held on the third full weekend in July, or as shall be determined by the board except in the event of a National Emergency, Act of God, or other causes beyond the control of the board, or in cases when the board may deem the holding of a FunFest inadvisable or impractical.
Section 2. FunFest Control.
The board shall have full control of all aspects of the FunFest, as described in these by-laws. The determination of the scope or extent thereof controlled by the board. The making of suitable rules and regulations, the appointment of directors, and all committees and sub agents for the proper and efficient conduct thereof. The said board shall have the power to determine the place or places on the fair grounds and in the buildings thereof in which the various workshops, shows or vendoring may take place and may enlarge change or diminish the space allotted any person or persons at any time as it may deem proper and advisably. There shall be such programs, shows and workshops as the board deems appropriate.
Section 3. FunFest Manager.
Among the duties and responsibilities of the manager shall be the planning and arranging for the conduct and handling of each FunFest. In the planning and arranging for the FunFest the manager shall consult with various committees of the corporation and the board. The Board may approve or veto any plans or arrangements.
Section 4. Musical Instruments During The FunFest.
A. Instruments that are not allowed during the FunFest.
1. All instruments requiring electricity to operate:
Example: electric guitars, electric basses electronic keyboards, battery operated electronic musical instruments, electric amplifiers and public address systems other than those used by the O.D.P.C.
2. All band wind instruments:
Example: brasses - trumpets, cornets, trombones, flugelhorns, tubas, French horns, baritone horns, bugles, euphoniums, Eb Horns, etc.
3. All Woodwind Instruments:
Example: woodwinds - saxophones, oboes, bassoons, clarinets, flutes, English horns, piccolos, etc.
4. All drums - excluding the bodhrans
B. Instruments That Are Allowed During The FunFest.
1. All non-electric stringed instruments:
Example: dulcimers, guitars, basses, banjos, fiddles, mandolins, harps, etc.
2. All non-electric keyboard instruments:
Example: accordions, melodicas, concertinas, pianos, pump organs, marimbas, xylophones, vibraphones, marimbaphones, celestes, orchestra bells, tubular bells, diamonicas, etc.
3. Simple wind instruments that do not have mechanical keys:
Example: recorders, penny whistles, flutophones, flageolets, tonettes, 3-hole pipes, fifes, bamboo flutes, pan pipes, ocarinas, ceramic flutes, etc.
4. Miscellaneous Musical Instruments:
Example: harmonicas, jaw harps, novelty instruments, bagpipes, bodhrans, etc.
Section 5. Vendor Committee/Vendoring.
The committee shall include: One Vice-President, who shall be appointed by the President, and the Vendor Committee shall be in charge of all vendors and the sales area. The Vendor Chair position cannot be held by a current vendor.
A. All vendors are required to pay a predetermined fee for their booth space and are not exempt from paying a camping fee, or a gate fee (ribbon).
B. All sales items are to be music related items only.
C. Only those instruments that are allowed to be played during the FunFest shall be sold at the FunFest.
D. No soft goods are to be sold by vendors.
E. No pre-recorded music shall be played in the sales area except through headphones.
F. Sales area hours shall be from 1 0:00 am - I 1:00 pm daily.
G. Jamming or other performing is not allowed in the sales area during sales hours.
H. All sales activities outside of the sales area is prohibited with the exception of Performers and Workshop Leaders who may sell their workshop accessories, books, tapes, records, and/or CD's at the stage shows they are performing on, and/or via the workshop they are conducting.
I. Vendors must pay any outstanding fees before setting up or at the time of set-up.
J. Any questions pertaining to sales or vendors shall be directed to the vendor chairman.
K. Vendors shall receive a copy of these Rules prior to the FunFest.
L. The vendors area shall be limited to the Sales Pavilion and the OJ North Building.
Section 6. FunFest Gate Workers.
There will be a gate committee chairman, appointed by the President, responsible for all ribbon sales and gate duty coordination.
A. All gate workers must sign up for a time slot.
B. All gate shifts shall be in two hour blocks, unless special arrangements are made and approved by the gate committee chairman.
C. All gate workers must report to their post on time, and are asked not to leave their post early, except for emergencies.
D. If you have signed up to work a gate, but find that you are unable to keep your commitment, it is your responsibility to either find a replacement, or contact the gate committee chairman for help.
E. Gate workers are not to interfere with the camping workers, and any camping questions posed by incoming people are to be referred to personnel equipped with sufficient information to handle the questions.
F. If, for some reason, a FunFest participant refuses to pay the gate fee ( to purchase a ribbon ), do not hassle yourself over the matter, rather, just let the individual(s) pass through without a ribbon.
G. There shall be no free ribbons given out to anyone. Any questions, see the gate committee chairman.
H. No one under the age of 16 shall be a FunFest gate worker.
I. Turn in all monies and/or unsold ribbons to the gate committee chairman, or to the fair board office.
Section 7. FunFest Workshops.
The workshop coordinator, appointed by the President, shall serve a life term.
The workshops director shall:
1. Secure persons to conduct workshops in as many categories related to the FunFest as possible.
2. To have the lists of workshop topics, times, leaders, and workshop locations ready for the June newsletter.
Section 8. FunFest Workshop Leaders
A. All workshop leaders shall adhere to the workshop schedule unless arrangements are made in advance, barring any emergencies.
B. All workshop leaders shall meet their class promptly at the scheduled time.
C. All workshop leaders shall try to complete their workshop during the predetermined time frame. Understanding that there are workshops both before and after yours in the same location.
D. All workshop information given shall be geared for the level of the implied participants, example, beginning level workshops should not discuss advanced principles.
E. If you have any special requirements for your workshop example, maximum number of participants, tables required etc. you must make this information known to the workshop director as soon as possible. Bear in mind that all requests may not be accommodated, but the information up front is very helpful.
Section 9. Other FunFest Workshops.
A. There will be children's workshops held during the FunFest with a director appointed by the FunFest Workshop Coordinator, for the same.
Section 10. FunFest Stage Shows.
There will be a stage snow coordinator, appointed by the President, responsible for all stage shows listed within this section.
A. All persons must sign up for a show, and include your campsite location.
B. When applicable, all performers should include the names of all other performers playing with their act.
C. All performers must understand that a desire to perform on stage does not necessarily guarantee an appearance during that show. All performers must also understand that the emcee reserves the right to include or disclude any act based on time restrictions, frequency of stage appearances, or quality of act.
D. The emcee has final say regarding the show's performers and time of act.
E. All performers shall adhere to all emcee's instructions regarding length of performance, content of performance, or encores.
F. Performers should understand that the shows are not planned in advance of the day of the program, for obvious reasons concerning "last minute changes" to the schedule. Therefore all performers should be as cooperative as possible to maintain a flexible attitude relative to scheduling changes and revisions.
G. When applicable, all performers are asked to be backstage and ready to perform fifteen (15) minutes before your scheduled time. It is up to you to let the emcee know that you are backstage and ready, and any special requests you may have should be made known to the emcee at that time.
H. All performers shall include live music in your presentation.
I. No off-color gestures, language, jokes or skits will be tolerated. When planning an act, all performers will bear in mind that the Evart FunFest is a family oriented FunFest, and all performances shall be conducted in accordance with this, acceptable for all members of the family.
J. No performer shall receive any compensation in any way for his/her performance during any FunFest stage show.
K. Performers are to enter the stage via the ramp behind the stage at the right end, and exit the stage via the ramp located at the left side of the stage.
L. While on stage performers are asked to play directly into the microphones provided for you so that the sound personnel can do their jobs effectively.
M. There will be no tuning, playing, or loud talking behind the stage while a show is in progress.
N. The
following show schedule shall be in effect, keep in mind that all shows and
their times are flexible as needs dictate:
Thursday afternoon 1:30 pm
Thursday evening 7:00 pm
Friday afternoon 1:30 pm
Friday evening 7:00 pm
Saturday morning 10:00 am Youth Concert
Saturday Afternoon 1:30 pm
Saturday Evening 7:00 pm
Sunday Morning 9:00 am Sacred Music
The Saturday evening show is the only stage show that is not an open sign-up show. The performers for this show are allowed to participate by invitation only.
O. Because there have always been many performers requesting positions on all shows, it is recommended that all performers sign up for only one performance, unless, of course, more performers are needed to fill a show.
P. Because many individuals are needed and required to make the FunFest function, all individuals electing to perform on stage are asked to also help out by working for the FunFest such as working a shift of gate duty, vendors, stage workers, workshop leader, etc. This will get more people involved with helping the FunFest.
Q. The emcee will try to do everything in his/her power to ensure that every performer's act is introduced, to ensure that the sound system is working properly, and ensure that all performers are treated courteously and fairly with no preferential treatment.
Section 11. O.D.P.C. Golf Carts.
A. The operator or Key Holder, is responsible for the cart at all times and must sign a statement of acceptance of the guidelines before operating any golf cart.
B. Cart operations are to be for official O.D.P.C. business only.
C. Cart operators must be 18 years of age or older with an understanding of proper operator's instructions.
D. Cart operators and their passengers shall keep all limbs (hands and feet) in the cart at all times while the golf cart is in motion.
E. All carts should be driven on main roadways whenever possible.
F. Cart operators shall maintain a reasonable speed at all times, being mindful of all pedestrians and other traffic. No reckless operation of golf carts will be tolerated.
G. The O.D.P.C. golf carts cannot be operated outside of the fairgrounds property, with the exception of crossing the road in route to and from Thompson Park.
H. A maximum of three (3) preferably two (2) persons shall occupy a cart while it is in motion at any one time.
I. All carts are to be stored overnight in designated barns with all keys removed from them.
J. Failure to comply with the above rules will result in loss of all golf cart operating privileges.
K. There will be a golf cart specialist, responsible for maintaining and repairing all golf carts at the FunFest.
Section 12. O.D.P.C. P.A. System.
A. The executive board shall have authority to govern the use of the P. A. system, and shall maintain full insurance on same. The president or other responsible club member designated by the board shall have custodial care of same. A donation for other than club use shall be expected.
B. The P.A. system shall be kept and stored at the fair grounds, in the O.D.P.C. store room.
C. All of the O.D.P.C. sound equipment will be the responsibility of the sound equipment technician committee, who will also be responsible for all of the FunFest stage show recording.
Section 13. O.D.P.C. Dulcimer Raffles.
A. The O.D.P.C. will hold a daily raffle to give away no less than 1 gift certificate towards the purchase of a dulcimer, for the promotion of the dulcimer, these raffles will be directed by a co-vice president.
Section 14. O.D.P.C. Dances.
A. The O.D.P.C. will have old time square dancing during the FunFest with a coordinator, signing up the callers and players, using a P.A. for the caller only.
B. The O.D.P.C. will have a teen square and line dance, geared for our teens, with a coordinator to set up and oversee.
Section 15. O.D.P.C. Office, sales and membership.
A. The O.D.P.C. shall maintain a office at the FunFest, where members can renew their membership, or inspect the club records.
B. The O.D.P.C. may sell club records, tapes, and soft goods such as shirts hats, etc. in this office area. The office area and all within the same shall be under the supervision and control of the secretary.
Article XIV
Amendments
Section 1. By-Laws.
A. These by-laws may be amended or repealed in whole or in part at the annual (Fall) meeting of the members by a majority vote of the membership present and entitled to vote provided notice of the proposed amendments shall be printed in the Fall Newsletter and mailed to the members thirty (30) days prior to the Fall Meeting at which such proposed amendments are to be voted upon.
B. A copy of the accepted By-Laws shall be kept with the incorporation papers, a copy given to each officer, and copies made available to any member of the corporation.
Section 2. Articles of Incorporation.
The articles of incorporation of the corporation may be amended or repealed in whole, or in part at the annual (Fall) meeting of the members by a majority vote of the members present and entitled to vote, provided a statement of the proposed amendments shall be printed in the Fall Newsletter and mailed to the members prior to the Fall Meeting at which such proposed amendments are voted upon.
Article XV
Property Transfer
Section 1. Purchase, Lease, Mortgage, or Transfer of Property.
The executive board may from time to time buy or lease such real estate as in their judgment shall be suitable for the purpose of the corporation and upon such prices, terms and conditions in all particulars as they may approve.
Section 2.
In the consideration of all questions involving sale, mortgage or disposal of real estate and the relinquishment, transfer or disposal or any easement, franchise, or privileges belonging to the corporation, a vote by ballot must be taken at a special meeting of the members of the corporation called for that purpose, provided notice on the consideration of such proposition shall be included in the call of such a meeting mailed to each member of the corporation at his/her last known address at least ten (10) days prior to the date of said meeting.. A two-thirds (2/3) vote of all voting members present shall be required to authorize any such proposed transaction. It is understood that the above has no reference to the conduct of the ordinary business of the corporation.
These By-Laws are duly adopted on the 16 day of January, 1999, by resolution of the Incorporation members.
