We have two conflicting sets of bylaws on file, a former member still listed as our legal agent, and several governance policies that a 501(c)(3) is expected to have but we don't. This package fixes all of it: one clean set of bylaws that matches how we actually operate, the policies that protect the board and the kids, and a short list of filings to bring us fully compliant. Nothing here is adopted — it's a draft for your feedback.
Two conflicting bylaws = every board action is legally shaky
One filed set defines 8 officer seats with no Vice President; a second, generic set defines a President and two VPs and even names the org differently. TJ signs as "VP" — a role the filed bylaws don't contain. Until we adopt one correct set, the validity of votes, contracts, and officer authority is uncertain. This is the thing to fix before TJ takes office in January, so he takes office under clean documents.
A former board member is still our agent for legal service
Lawsuits, regulator notices, and demand letters legally go to Mark Radabaugh's house — a person no longer on the board with no duty to forward them. Fix: a $25 Ohio SOS filing to update the statutory agent to a current officer.
Policies a 501(c)(3) is expected to have — and we don't
No conflict-of-interest policy, no written child-protection/SafeSport policy, no documented financial controls, no document-retention or whistleblower policy. The IRS Form 990 asks about most of these by name. More important: a single safety incident without a written child-protection policy can expose the board personally and may jeopardize our insurance. We also carry no Directors & Officers (D&O) insurance — the board has no governance-liability protection today.
You described it well: the Board President is over everything, and the Football Commissioner and Cheer Commissioner each run their program like the president of that side. The new bylaws formalize exactly that, so the chart below is the governing document, not a workaround.
Plus at-large Directors (Board Members) who vote but don't hold an officer seat.
| Officer | What they own (in the bylaws) |
|---|---|
| Board President | Chief officer over the whole organization; presides at meetings; signs on the club's behalf; both commissioners report to this seat. |
| Vice President | Acts for the President when absent; first in line of succession; a standing seat (this is the gap in the current filed bylaws we're closing). |
| Football Commissioner | Leads the entire football program — coaches, rosters, game-day operations, on-field decisions. "President" of football, reporting up to the Board President. |
| Cheer Commissioner | Leads the entire cheer program the same way — squads, coaches, events, uniforms. "President" of cheer. |
| Secretary | Minutes, official records, notices, corporate filings, keeper of the bylaws and policies. |
| Treasurer | Books, deposits, reporting, budget, the financial-controls policy. |
| Registrar (rename) | Registration, eligibility, waivers/compliance, records & systems. Suggested rename for "Registration Officer" (which was informal): Registrar, or Registrar & Compliance Officer if you want the compliance role named too. Your call. |
| Sergeant-at-Arms | Order and conduct at meetings and events; serves on the Conduct Committee. Consolidated to one seat (the filed bylaws' unused "Senior/Junior" split is dropped). |
The anchor. One correct set that supersedes both current versions, defines the structure above, and adds the protective clauses (indemnification, conflict of interest, dissolution, amendment process).
Required-in-spirit by the IRS; especially relevant now with Aspire's in-kind sponsorship. Disclose, recuse, document.
Background checks, two-deep leadership, mandatory reporting, communication boundaries, a named Athlete Safety Officer. The single most important document for a youth contact sport.
Cash disbursement, operating reserve, budget adoption, and internal controls (two-signature rule, no coach payments to personal Venmos, receipt trail).
Both asked about on the Form 990. What we keep and for how long; how someone raises a concern without retaliation.
One conduct standard for board, coaches, athletes, and parents; and a clean policy for how we accept sponsorships and in-kind gifts (ties to the CoI policy).
Update the Ohio statutory agent ($25); update the IRS address of record (Form 8822-B); confirm Ohio Attorney General charitable registration is current; purchase D&O insurance (Sadler add-on).
The drafts make sensible recommendations, but these are yours to settle. They're marked in the bylaws too.
- Circulate this package to all board members for feedback (this page + the two documents).
- Collect edits + settle the six decisions above at a board meeting.
- Attorney review of the final bylaws (our counsel signs off — cheap, and it's what makes it airtight).
- Adopt by board vote and sign the reconciled bylaws — timed with the Kevin → TJ presidency transition so TJ takes office under clean documents.
- File the compliance items (statutory agent, IRS address, AG registration, D&O) in parallel.