The By-Laws of 

Southbound & Crown

A Charlotte Football Club (Charlotte FC) 

Supporters’ Group (SG)

OFFICIAL REGULATIONS AND BY-LAWS

Created: 8/21/2021

Amended: 1/21/2022

 

| ARTICLE I: NAME |

 

The name of the organization shall be “Southbound & Crown,” hereinafter referred to as “SB&C” or “SG.”

 

SB&C shall be a legal entity (LLC), incorporated under the laws of the State of South Carolina

 

| ARTICLE II: PURPOSE |

 

Section A. Mission Statement:

 

SB&C exists to support Charlotte Football Club, soccer clubs both professional and amateur in the Carolinas, and the growth of soccer in the region through passion for the game and service to our communities.

 

Section B. Purpose:

 

SB&C is organized and shall operate as an LLC (until a time the Board is able to convert SB&C to a non-profit corporation or 501c non-profit), serving as an independent supporters group for Charlotte Football Club (hereinafter referred to as CLT FC). SB&C will be an organization that allows members to gather and implement ideas to enhance the supporter experience at CLT FC matches, to grow awareness and enthusiasm for the game of soccer and the club, to socialize with other members who share similar passions, and contribute meaningfully to our local communities throughout the Carolinas.

 

| ARTICLE III: MEMBERSHIP |

 

Section A. Eligibility for Membership:

 

Membership is open to everyone. Membership is granted after the completion, receipt, and approval of an official membership application, payment of dues (if applicable), and an acknowledgement of the SB&C Code of Conduct.

 

Membership is open to persons of all ages. The membership does not have any right to title or interest in or to the corporation. The Board of Directors may approve rights, privileges, and obligations on any membership classes. The membership are not members of the corporation.

 

Section B. Responsibilities of Members:

 

Members of SB&C are required to abide by all requirements set forth within these bylaws as well as the SB&C Code of Conduct and any other requirements set forth by the Board of Directors or vote of the Membership.


Section C. Annual Dues:

 

Dues (if applicable) for voting membership of SB&C shall be paid by selecting the appropriate membership package. The Board of Directors maintains the right to amend the membership dues after passing a vote with current voting members and with 30 calendar days written notice to the Membership prior to the start of a new membership year. 


Membership dues shall be collected on the first day of membership and are required to be renewed annually so that a member may be considered in good standing and maintain voting rights. Dates for payment of annual membership dues shall be set by order of the Board of Directors.


The Membership Year shall run from January 1 through December 31. Annual Dues (if applicable), when paid, are not prorated, and the full amount of the then-current Annual Dues shall be paid upon creation of or renewal of a Membership.

 

Section E. Membership Privileges:

Voting members in good standing shall be entitled to the following privileges:

1.    Speaking privileges at SB&C meetings

2.    Ability to propose motions for voting by the Voting Membership

a)    Right to vote during all proposed motions, referenda, amendments, and other questions to the Membership at any AGM

b)    Right, subject to the requirements of Article V, Section E, to vote during all officeholder elections

c)    Ability, if all other qualifications specified in Article V are met, to hold elected office within SB&C.

Section F. Resignation and Termination of Membership:

 

Any member may request termination of his or her membership by written request of the Administrator. A member may also have his or her membership terminated by means of a lifetime ban in accordance with these bylaws.

 

Dues (if applicable) will not be refunded to any member following resignation or termination for any reason.

 

| ARTICLE IV: MEETINGS |

 

 

Section A. Annual General Meetings:

 

The SB&C Annual General Meeting (AGM) shall occur annually. Dates and location for an AGM shall be set by the Board of Directors and published at least thirty (30) days in advance of an AGM.

 

1.    Attendance: All voting members of SB&C are encouraged to attend the annual AGM, either virtually or in-person

2.    Agendas: The agenda for the AGM shall be distributed to the Voting Membership, prior to the AGM, via reasonable methods of communication.

3.    Order of AGM Proceedings will be set by the Board of Directors and the Parliamentarian

·     

Section B. Special Meetings:

 

Special meetings may be called at the discretion of the Board of Directors. These meetings may be for any such purpose as the Board of Directors deems fit, and shall be open to all members of SB&C.

 

Section C. Quorum:

 

For a AGM, a quorum will only exist if the President or Vice President, and 50% of the remaining members of the Board of Directors are present.

 

Section D. Voting:

 

Unless otherwise specified in these bylaws, voting for motions at meetings shall be by show of hands and a simple majority shall carry a motion that has been seconded. 

| ARTICLE V: BOARD OF DIRECTORS |

 

Section A. Composition of the Board of Directors:

 

The Board of Directors of SB&C shall be composed of the following officers:

 

  • President

  • Vice President

  • Communications Director

  • Administrator

  • Treasurer

  • Area Representatives (5)


 

B. Duties of the Board of Directors Officers:

 

The Board of Directors officers shall have the following responsibilities:

 

1.    President: The President of SB&C shall be the leader of the SB&C Supporters Group. The President shall preside at all meetings and be responsible for setting meeting agendas and seeing that the agenda is followed. The President shall ensure that all members have the ability to speak at meetings and see that debate is orderly.

 

The President shall serve as the public face of SB&C and serve as the official representative of SB&C. Additionally, the President shall be the representative of SB&C in all dealings with other CLT FC supporters groups

 

2.    Vice President: The Vice President shall be responsible for conducting meetings with the Administrator and reporting on the activities of the Administrative Committee to the Board of Directors.

The Vice President shall work to coordinate efforts to promote a matchday experience consistent with the Mission Statement and Purpose of SB&C.

The Vice President shall also be responsible for keeping and maintaining the Bylaws and ensuring that the Bylaws are followed at all meetings.

 

3.    Administrator/Parliamentarian: The Administrator shall be responsible for keeping the minutes and records of all meetings of SB&C. The Administrator shall also keep the records of SB&C, be responsible for conducting all elections and votes at meetings, and function as the parliamentarian at all meetings of SB&C to ensure proper order is followed.


The Administrator shall also be responsible for coordinating all Membership activities and events for SB&C including conducting and coordinating all activities of the Membership on CLT FC match days. The Administrator shall inform the Board of Directors and the Membership of all planned activities and planned expenditures for matchday. The Administrator shall provide regular updates about membership to the Board of Directors. 

 

4.    Treasurer: The Treasurer shall be responsible for conducting all budgeting and financial matters for SB&C and taking all reasonable actions required to keep SB&C in good financial standing. The Treasurer shall report on the finances of SB&C to the Board of Directors and the group at large during the AGM.


5. Area Representative: The Area Representative will represent a specific geographic region or serve as an at-large board member and serve as a voting member of the Board of Directors.

6. Tailgate Lead: The tailgate lead is responsible for planning and leading our tailgate setup and tear down, as well as subcommittee meetings. In the absence of the lead, the highest ranking Manchester United Fan will serve as the replacement lead.

 

Section C. Eligibility to Serve on the Board of Directors:

 

To qualify for election to the Board of Directors, a member must be eighteen (18) years of age, must have been a voting member in good standing with SB&C for a period of six (6) months prior to the date of election, must have no outstanding sanctions, and must be willing to follow the Bylaws and serve for a full term of office. He or she must not be sitting on a board or on staff with any other organization which could create a conflict of interest (other supporter group, soccer club, or soccer related NPO, or any other organization deemed as a conflict of interest by the Board of Directors).

 

Members seeking office on the Board of Directors must swear and affirm that they have never been convicted of a felony offense, an offense that would be a felony in the State of South Carolina, or a crime of dishonesty.

Section D. Responsibilities of the Board of Directors:

 

The Board of Directors shall supervise and direct all activities of SB&C and manage club finances. The Board of Directors shall exercise authority consistent with the wishes of the Voting Membership and serve to facilitate the stated Purpose and Mission Statement of SB&C contained in these bylaws. The Board of Directors shall be responsible for protecting any and all branding of SB&C and shall have exclusive authority regarding sanctioning of SB&C events and activities. The Board of Directors shall also be responsible for hearing any and all reports regarding the Memberships observance of the Code of Conduct.

 

Section E. Elections and Terms:

 

SB&C shall begin with a provisional Board of Directors which has been self appointed and shall act as the Board of Directors until the first Fall AGM. After which, elections to the Board of Directors shall take place at the Fall AGM. Each individual elected to the Board of Directors shall serve a term of one (1) year and will be installed to their elected office on January 1 of the year following the year in which the election takes place. In the 2022 election, members of The Group will be electing the following officers for a one (1) year term: President, Vice-President. Board of Directors officials may be nominated to stand for re-election when their terms have expired.

 

All voting members of SB&C who have been voting members in good standing for at least sixty (60) calendar days prior to the election shall be eligible to vote in officer elections.

 

Elections shall be conducted by the Administrator, under the supervision of the Board of Directors and shall utilize a secret ballot format. In years in which the Administrator stands for re-election the Treasurer shall conduct the election.

 

A candidate must receive a majority of votes cast in order to be certified as winner of an election. Should no candidate receive a majority of votes cast, the candidate with the lowest vote total shall be removed from consideration and a second ballot shall be taken with the remaining candidates. This process shall repeat until a candidate has received a majority of the votes cast for a given position or only one person remains nominated for office. A vote cast for an ineligible candidate shall be considered as if the vote had never been cast.

 

Section F. Resignation of Board of Directors Members:

 

Any member of the Board of Directors may resign at any time by serving notice, in writing, to the President and Vice President. In the event that the President or Vice President of the Board of Directors seeks to resign, he or she must serve notice, in writing, to all members of the Board of Directors. Resignations are effective the date of receipt of written notice.

 

Section G. Replacement of Board of Directors Members:

 

The President shall have the power to nominate a replacement to the Board of Directors to fill any vacancy that arises due to resignation or removal from office. The nomination must be seconded and approved by majority vote of the remaining members of the Board of Directors. Following approval of the Board of Directors, the replacement Board of Directors member shall have all powers and privileges of the office for which he or she has been appointed, but shall only serve until the next AGM, at which time an election shall be held to determine a full replacement for the Board of Directors member's unexpired term. The replacement Board of Directors member may stand for election to the unexpired term.

 

Should more than fifty percent (50%) of the Board of Directors resign or be unable to perform their duties, the remaining members of the Board of Directors shall immediately call a special meeting, with proper notice given under Article IV, for the purpose of holding special elections to the Board of Directors.

 

Section H. Replacement of the President:

 

Should the President resign or be otherwise unable to perform his or her duties, the Vice President shall assume the duties of the President and appoint a new Vice President under the procedure described in Article V, Section G. Should the President and Vice President resign or be otherwise unable to perform their duties, the remaining members of the Board of Directors shall immediately call for special elections as described in Article V, Section G.

 

Section I. Grounds for Removal of a Board of Directors Member:

 

Board of Directors members are required to maintain their membership in good standing at all times during their term of office. Failure to maintain membership in good standing shall be grounds for removal. Additional grounds for removal of a Board of Directors member include, but are not limited to, excessive absenteeism, abuse of discretion or authority, or any prolonged incapacity to perform office holder duties.

 

Should grounds for removal of a Board of Directors member exist, a motion for removal shall be made at a regular meeting, with grounds for removal stated in the motion. A unanimous vote of the Board of Directors is required to remove a Board of Directors member, or a 2/3 supermajority vote of both the Membership and the Board of Directors at a AGM.

 

Section J. Authorization of Revenue Generation and Expenditures:

 

The Board of Directors shall have the right, by majority vote, to authorize reasonable expenditures from SB&C funds to pay for expenses related to SB&C purposes. In the event that a meeting of the Board of Directors cannot be called, or in the event of need requiring emergency disbursement of club funds for club related expenses, the President and Treasurer shall have the right to disburse funds. In the event of such a disbursement, the President and Treasurer shall make every effort to contact other members of the Board of Directors to make them aware of the need for disbursement and seek consensus before taking action.

 

The Board of Directors shall also have, consistent with corporation (and future non-profit status) and the Mission Statement and Purpose, the power to raise reasonable revenue to fund operation of SB&C.

 

Section K. Non-Liability of Board of Directors:

 

The members of the Board of Directors shall not be personally liable for any debts, liabilities or other obligations of SB&C.

 Section L. Breaking a Tie Amongst Board of Directors Votes

For most decisions, in the event of a tie amongst the Board of Directors the President’s vote shall serve as the tiebreaker. 

 

| ARTICLE VI: COMMITTEES |

 


Section A. Creation of Committees and Committee Chairs:

 

The Board of Directors shall create any committees and appoint any committee chairs as they see fit. The purpose of any committee shall be created with the Mission Statement and Purpose in mind. Any and all committees and committee chairs shall be subject to dissolution and/or removal with a simple majority vote by the Board of Directors.

 

| ARTICLE VII. DISCIPLINE |

 

Section A. Disciplinary Powers:

 

The Board of Directors shall have full authority over all disciplinary matters within SB&C, including all violations of SB&C Code of Conduct. Disciplinary options available to the Board of Directors include, but are not limited to: warnings, reprimands, suspensions, requirements to take corrective action, bans, and lifetime bans.

 

Section B. Disciplinary Actions:

 

Disciplinary action may only be brought by a motion of a member of the Board of Directors, after a fair investigation on the basis of hearing a factual report from any member. Any member of SB&C requesting disciplinary action be taken against another member must first submit his or her request to the Sergeant at Arms.

 

Once a motion to enact disciplinary sanctions against a member has been made and seconded, a 2/3 supermajority vote of the Board of Directors is required to pass the motion. For a lifetime ban to be imposed, a unanimous vote of the Board of Directors is required.

 

If a disciplinary action motion is passed, the Administrator shall note the vote and the sanction authorized in the official minutes of SB&C and draft a letter or e-mail to the sanctioned party informing them of the decision of the Board of Directors and the type of sanction imposed.

 

Section C. Disciplinary Enforcement:

 

The Board of Directors shall be responsible for seeing the discipline is enforced. The Board of Directors shall make reasonable efforts to enforce activity bans and suspensions, understanding that certain events for SB&C, such as matchday gatherings in the supporters section of the home pitch, do not lend themselves to excluding individuals easily.

 

No member of SB&C shall engage in conduct that violates the laws of the State of South Carolina, the ordinances of any city, college or municipal entity where the home pitch is located, or the rules of CLT FC in order to enforce Group discipline.

 

Section D. Appeals:

 

The decision of the Board of Directors on matters of discipline other than bans lasting longer than one year is final.

 

For bans lasting longer than one year, the Board may move for reconsideration of a ban by the Voting Membership at a AGM. If the Board so moves, the Board must present the case for lifting the ban, as well as the reasons for the ban initially, to the AGM for a vote. A ban lasting longer than one year may only be overturned by a supermajority 2/3 vote of all members present at the AGM as well as a 2/3 supermajority vote of the Board of Directors.

 

Should a ban be overturned, the Administrator shall note the vote in the minutes and draft a letter to the banned party, notifying them their ban has been overturned.

 

Section E. Reinstatement:

 

Any member who has served a term of suspension longer than six (6) months, or who has a lifetime ban or suspension lifted by means of a successful appeal, must re-apply for membership upon the conclusion of the suspension or lifting of the suspension or lifetime ban. Granting of the re-application shall be conditional upon payment of dues and a reaffirmation of SB&C Code of Conduct.

 

| ARTICLE VIII. AMENDMENTS |

 

Section A. Process of Amendments:

 

Amendments to the Bylaws may be proposed by any member of SB&C prior to an AGM or specially called meeting. The amendment shall then be distributed via normal communications channels to the Voting Membership at least seven (7) calendar days prior to the meeting.

 

Section B. Voting of Amendments:

 

Amendments to the Bylaws require a second and a 2/3 supermajority vote of both the Board of Directors and 2/3 supermajority of votes cast by the Voting Membership.

 

All members of SB&C who have been voting members in good standing for at least sixty (60) days shall be eligible to vote on proposed amendments to the bylaws.

 

Section C. Voting Procedure:

 

Voting shall be conducted by the Administrator and utilize a secret ballot format. Voting shall consist of a Yes or No question on the issue of adopting the proposed amendment.

 

| ARTICLE IX. MISCELLANEOUS PROVISIONS |

 

Section A. Review of Regulations and Bylaws:

 

The Board of Directors shall order review of the Regulations and Bylaws of SB&C not less than once every year for the first (5) five years of first drafting of SB&C By-laws, then every two years (2) years thereafter. The President shall appoint an ad hoc committee for the purpose of reviewing the Regulations and Bylaws and making any recommendations for changes.

 

Section C. Disposition of Assets:

 

Should SB&C cease to exist, the remaining assets and funds of SB&C shall be disbursed consistent with the Mission Statement and Purpose and the laws of the State of South Carolina at the direction of the Board of Directors prior to dissolution.