Constitution of the Father of Waters Pipes and Drums
Version of 7/17/01
Article 1: Name
The name of this organization is "The Father of Waters Pipes & Drums", hereinafter referred to as the Band.
Article 2: Purpose
The purposes of the Band shall be the performance, study, advancement, promotion and perpetuation of the music of the Great Highland Bagpipe and Scottish Drums, and to promote friendly association among its membership.
Article 3: Existence & Dissolution
The Band shall be a non-profit eleemosynary corporation under the laws of the United States and the State of Mississippi. [79-11-137 MISSISSIPPI CODE OF 1972]. The Band shall exist until dissolved, as hereinafter set forth. In the event of dissolution, the assets and property of the Band shall be distributed to organizations at the selection of the majority of the voting membership of the organization, so long as they shall qualify under Section 501(c)3 of the United States Internal Revenue Code. This article is not amendable.
Article 4: Management & Powers
The Band shall be capable, in law, to purchase, lease, receive, hold, let, sell, and otherwise take and dispose of all manner of property, either tangible or intangible, real, personal, or mixed.
Article 5: Members, Officers, Officers' Board and Meetings
The Band shall establish conditions for membership and the rights and privileges of membership in its By-laws.
The Band shall be governed by such officers as are allowed in its By-laws, elected and operating under the provisions of the Constitution and By-laws and such rules and resolutions as the Band may adopt. These officers shall constitute the Officers' Board.
The terms of admission, rights and duties of members, officers and the Officers' Board, manner of filling vacancies, time and place of meetings and all matters relating to the governing of the Band shall be regulated by the Constitution, By-laws and resolutions or adopted rules adopted by a majority vote of the voting membership of the Band.
The current edition of "Roberts Rules of Order" governs this Band in all parliamentary situations that are not provided for in the law or in its Constitution, By-laws, resolutions or adopted rules.
Any decision or action of any officer of the Band may be overridden by a majority vote of the Officers' Board or by a majority of the voting membership of the Band.
Article 6: Indemnity of Officers
Officers and those acting in official duties for the Band as provided in the Constitution, By-laws, resolutions or adopted rules shall be indemnified in the course of these official actions. Such persons are not indemnified if it is determined by a majority of voting membership of the Band that they have acted in malfesiance of these duties or with malicious intent toward the Band or to the public.
Article 7: Amendments
This Constitution may be amended by a majority vote of the voting membership at two successive business meetings of the Band, provided that such amendment has been duly published to the membership of the Band prior to such meetings.
By-Laws of "The Father of Waters Pipes & Drums"
Section 1: Membership
The membership of the Band shall be open to those who subscribe to the purposes of the organization and who are citizens of the state of Mississippi and the surrounding area and who are:
(A) Ancestral or native-born Scots;
(B) Scots by marriage;
(C) Scots by adoption (This would require three members to propose a candidate for membership).
The names of all prospective members shall be submitted to the Bandmaster who shall submit them for approval by a majority of the attending voting membership of the Band at a business meeting.
All members of the Band shall be Pipers, Drummers, Members-at-Large, Associate or Honorary Members. The voting membership of the Band shall be only those members who have attained the rank of Piper or Drummer. Only Pipers and Drummers shall be voting members, any member placed in any other category shall not be a voting member. The rank of Piper shall be bestowed by majority vote of the Band on recommendation of the Pipe Major, and the rank of Drummer shall be bestowed by majority vote of the Band on recommendation of the Drum Major.
Those members who have not been named Pipers and Drummers and aspire to attain those ranks may become Members-at-Large without the privilege of voting.
C. Associate Members
Upon a majority vote of the attending Band members at a business meeting, any non-Band member not aspiring to the rank of Piper or Drummer can become an Associate Member of the Band should he/she desire to achieve the same goals as set forth in Article 2 of this Constitution and has supported the Band by his/her presence and work with Band functions, performances, and other such related endeavors. Such a member shall be non-voting in any business of the Band, and shall pay the regular dues of the Band and be subject to its Constitution, By-laws, rules and resolutions.
D. Honorary Members
Upon a majority vote of the Band, the status of Honorary Member may be bestowed on anyone who has given financial and/or creditable support to the Band and who also subscribes to the principles set forth in Article 2 of the Constitution of the Band. Such a member shall be non-voting in any business of the Band, and shall not be required to pay the regular dues of the Band.
Section 2: Dues
There are no dues required of members or associate members.
Section 3: Meetings
Pipers, Drummers, and Members-at-Large not present at half of meetings and practices during any three-month quarter of the calendar year shall be changed to associate membership status, unless excused on application to the Officers Board and approved by the voting membership. The rank of Piper or Drummer shall be restored by majority vote of the voting membership on a member who demonstrates a pattern of regular attendance.
The Band shall hold at least one regular annual business meeting in November of each year. The membership shall be notified in unambiguous language at least one week in advance of the date, time, and place of this meeting. A quorum shall consist of a majority of the voting membership. Officers shall be elected at this meeting and their terms shall begin at the beginning of the following calendar year. The Band may hold a called business meeting on one week's notice and the publication to the Band of an agenda for such a meeting.
Any regular or announced practice session of the Band may be called into session for the conduct of business provided that there are a majority of the voting membership of the Band present and that there is present an officer of the Band, who shall chair the meeting. Minutes must be kept by one designated by the chair to do so, and these minutes must be published to the membership as soon as possible after such meeting.
The business of the Band may be transacted in emergencies by the Officers' Board or by the circulation of motions to the membership by electronic means including telephone and electronic mail. If business is conducted in this manner an officer of the Band must be the repository of the record of such transactions and these transactions must be affirmed in a business meeting of the Band.
Section 4: Termination of Membership
Membership may be revoked for just cause after a hearing and a two thirds vote by the Officers' Board.
Section 5: Officers & Board of Officers
The affairs of the Band shall be managed by the Officers' Board chosen from the members in good standing, to consist of the Bandmaster, Pipe Major, Drum Major, Pipe Sergeant, Drum Sergeant, Quartermaster, and Secretary, each of whom will be elected annually by the voting membership at the annual business meeting, to serve a term of one calendar year or until a successor shall have been chosen and has qualified. Each member of the Officers' Board shall have one vote on that Board and a majority of that Board shall constitute a quorum for meetings of that Board. Any meeting of that Board must have minutes taken which shall be available to the membership of the Band. No member from the ranks can be considered for the positions of Bandmaster, Pipe Major, Drum Major, Pipe Sergeant, Drum Sergeant, Quartermaster or Secretary unless he/she has reached the rank of Piper or Drummer, and been duly confirmed as such as set forth in the By-laws. The immediate Past Pipe Major of the Band is automatically designated to serve a term of one year on the Officers' Board. The Officers' Board may adopt such rules and resolutions for the conduct of their meetings and the management of the affairs of the Band as they may deem proper and which are not inconsistent with these By-laws or the Constitution of the Band, but those rules and resolutions shall be published to the Band and shall be subject to revocation by a majority of the voting membership.
In the event of a vacancy among the officers of the Band, an acting officer may be elected by the voting membership of the Band to fulfill the unexpired term of that officer. The acting officer shall have full powers of that office during such term.
The organization shall be managed by the Bandmaster who will report to the general membership at meetings for approval by the voting membership of any action other than the general business of the Band. The Bandmaster shall have chief administrative and superintending control over the affairs of the Band. The Bandmaster shall take charge of the scheduling of Band functions including but not limited to engagements, parties, outings, and other related activities, or he/she may devolve such responsibility on a Piper or Drummer. The Bandmaster shall research, develop, identify, and oversee matters relating to fund raising and membership drives, and be the chief agent and public relations officer of the Band. The Bandmaster will be the main contact of the Band for all incoming and outgoing correspondence and the chief liaison officer between the Band and outside parties. The Bandmaster shall sign and execute in the name of the Band, all legal instruments and other papers proper or necessary for the transaction of the Band's affairs, except that in the absence of the Bandmaster and by necessity the Pipe Major may execute such instruments and shall notify the membership of such action. The Bandmaster shall have custody of the money belonging to the Band, and shall deposit the same, in the name of the Band, in one or more insured banks, trust companies or building and loan associations, as designated by the Board of Officers. All payments of money shall be made, and all checks must be signed, by the Bandmaster or, in his/her temporary absence or incapacity, by the Pipe Major. The Bandmaster shall keep such books of account as the Officers Board of the Band may direct. The Bandmaster shall also make reports as directed by the Board of Officers.
Tenure of the Bandmaster is for one year unless re-elected to additional terms. The Bandmaster must be kilted and be a resident of Mississippi.
B. Pipe Major
The Pipe Major shall preside at all meetings of the Band and the Board of Officers and shall have rank and file control over the membership of the Band. The Pipe Major shall direct the musical development of the Band as well as decide the music of the band. The Pipe Major shall take the traditional place at the front right of the band during the march and shall be bestowed with the marks of rank as well as the wearing of the red sash. The Pipe Major shall have chief jurisdiction over the enforcement of individual member conduct in relation to discipline and order. The Pipe Major may, on occasion, issue monetary demerits not to exceed $10.00 for infractions of the By-laws or rules and regulations as adopted by the Board of Officers or the voting membership. Tenure shall be for one year, but the Pipe Major shall be able to succeed him/herself if elected to additional terms. The Pipe Major must be kilted.
C. Drum Major
The Drum Major is expected to conduct the march of the band in all parades and processions. The Drum Major will be the chief officer of the drum line and shall be in charge of the marching development of the Band. The duties of the Pipe Major shall, in his/her absence, devolve on the Drum Major in representing the Band. The Drum Major should be kilted and identified by the appropriate marks of rank and by the wearing of the red sash. The Drum Major must be a resident of Mississippi.
D. Pipe Sergeant
The Pipe Sergeant shall be elected by a majority vote of the Band for a tenure of one year. He/She shall research the material needs of the Band and suggest possible avenues of development. He/She must be a Piper and shall be vested with the privilege of the stripes of rank. The Pipe Sergeant shall, upon the absence of the Pipe Major and the Drum Major, act on behalf of the Pipe Major.
E. Drum Sergeant
The Drum Sergeant shall be elected by a majority vote of the Band for a tenure of one year. He/She shall research the material needs of the Band and suggest possible avenues of development. He/She must be a Drummer and shall be vested with the privilege of the stripes of rank. The Drum Sergeant shall, upon the absence of the Drum Major, act on behalf of the Drum Major. The Drum Sergeant shall, upon the absence of the Pipe Major, Drum Major, and Pipe Sergeant, act on behalf of the Pipe Major.
The Quartermaster shall keep an inventory of the material possessions of the band and shall issue them as the Pipe Major, Drum Major or a majority of the voting membership may direct. The Quartermaster shall seek and report any missing or improperly used material to the Officers' Board. The Quartermaster shall present the record of the inventory of the Band at least once a year at the regular business meeting but may be queried at any time to show the locations or disbursal of any material.
The Secretary shall keep in a proper book fair and correct minutes of all proceedings of the Officers' Board and of the Band and shall keep other records and shall keep a correct roster and attendance roll of all members and their standing and have such other duties as may be directed by the Officers Board.
Section 6: Amendments
Proposed By-laws shall be adopted or current By-laws amended by a majority vote of the membership at two successive business meetings of the Band.