There is a separate charitable organization, “Scouting 244”, set up to hold property such as boats and trailers. Documentation on this organization is included here for reference purposes.
Organizing document ARTICLES OF ASSOCIATIONNONPROFIT ASSOCIATION
Pursuant to Chapter 59B of the General Statues of North Carolina, the undersigned members do hereby submit these Articles of Association for the purpose of forming a nonprofit association under the laws of North Carolina.
First: The name of the Association shall be “Scouting 244”.
Second: The place in this state where the principal office of the Association is to be located is the Town of Cary, Wake County.
Third: Said association is organized exclusively for charitable, religious, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
Fourth: No part of the net earnings of the association shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the association 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 Article Third hereof. No substantial part of the activities of the association shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the association shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the association shall not carry on any other activities not permitted to be carried on (a) by an association exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section of any future federal tax code, or (b) by an association, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or the corresponding section of any future federal tax code.
Fifth: Upon the dissolution of the association, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or the 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 so disposed of shall be disposed of by a Court of Competent Jurisdiction of the county in which the principal office of the association 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.
Sixth: The names and addresses of the persons who are the initial trustees of the corporation are as follows: Philip A. Glass of Morrisville, NC, Matt Somerville of Cary, NC, Bart Vashaw of Apex, NC, Jane Tallis of Cary, NC, and Kevin Downs of Apex, NC.
Seventh: These articles will be effective upon execution herein. Scouting 244 This is the 8th day of October, 2013
[Signatures of the five initial trustees]BYLAWS OF SCOUTING 244
These bylaws govern the operation of Scouting 244 (hereafter, “the organization”), in addition to the principles found in the Organizing Document.
All members of the organization shall be voting members of the governing board. Members may be added based on a majority vote of the existing members. Membership may end based on resignation, death, or a two-thirds vote of the total membership.
Any amendments to the bylaws shall require a two-thirds vote.
Operating Decisions: All operating decisions shall be based on majority vote. Voting may be conducted via email, in person, or via phone. Any decisions shall be documented via email to all members.
The Organizing Document, Bylaws, and current membership shall be maintained on a publicly accessible web site.
The organization will initially be as an unincorporated association. It shall be a 501c(3) organization. The organization has, and shall maintain, official IRS recognition as an organization eligible to receive tax-deductible charitable contributions. Should conditions be identified that make a corporation a preferable organization, the organization may file documents of incorporation. The organization shall remain an independent organization, not under the control of the Boy Scouts of America or of Peace Presbyterian Church.
The organization shall have a president, who is authorized to speak on behalf of the organization. The organization shall also have a treasurer and a secretary. All of the positions of president, treasurer, and secretary shall be authorized to sign documents on behalf of the organization. Other officers may be appointed as desired by a majority of the members.
STANDARD OPERATING PROCEDURES OF SCOUTING 244 Operation
The organization shall maintain boats, trailers, and other assets for use by Scouting 244 units. It shall make all assets available for use by the Scouting units, in exchange for the Scouting units paying expenses associated with the assets. The organization shall maintain required registration on the assets, ensure taxes are up-to-date as required (and file for tax exemption as applicable), and maintain insurance as necessary. The organization may make assets available to others subject to possible conditions: 1) There may be contributions associated with defraying the cost of operating the asset(s) 2) There will need to be appropriate insurance. For registered boats, this means that the vessel must either have its own liability policy, or else it must be covered under the BSA’s liability policy, which covers vessels under 26′ and under 40 hp when used in Scouting activities.
Asset and Funding Acquisition
The organization may receive assets or donations from individuals or other organizations. Donations shall be tax-deductible to the extent allowed by law, and the organization shall provide receipts. The organization may conduct fund-raising, may apply for grants, and may accept sponsorships. It may arrange for other units to pay for expenses, and it may accept contributions, training fees, or cost-splitting payments.
Asset Disposition: The organization may sell, donate, discard, or otherwise transfer assets as the needs of the organization shall require. Funds resulting from sales may be kept by the organization to cover expenses, or may be disposed of as documented in the Organizing Document.
Tax Returns: The organization has an employer identification number (EIN) of 46-4368363. The organization shall file a Form 990-N e-Postcard annually, even in years when no donations have been received, in order to maintain recognition from the IRS.
HISTORY OF REVISIONS
The initial Bylaws of Scouting 244 and the Standard Operating Procedures of Scouting 244 were duly adopted by the Members of the Association on 1-14-2014. The Bylaws and Standard Operating Procedures were updated by unanimous 5-0 vote on 7-17-16. A record of prior versions is maintained in the archive in the Scouting 244 Yahoo! Group. Current Membership record was updated on 4-3-17.
Membership as of 3-23-17
Jane Tallis – President
Tom Mathes – Treasurer
Stan Ayers – Secretary
Bart Vashaw Michael Regehr