1.0    ORGANIZATIONAL STRUCTURE
    1.1    Board of Directors
        1.1.1    The Board of Directors shall have the sole responsibility of the operations and governance of the organization.
        1.1.2    The minutes of all meetings of the Board of Directors, along with committee reports, shall be made available to the public on the organization’s website not more than five (5) business days following a meeting.
        1.1.3    All members of the Board of Directors must have and maintain a Level One Identity Verified Prints Fingerprint Clearance Card (IVP FPCC) from the Arizona Department of Public Safety.
        1.1.4    All members of the Board of Directors must complete SafeSport Training as determined by Winter Guard International, Inc. (WGI) and/or Winter Guard Arizona, Inc. (WGAZ).
    1.2    Confidentiality
        1.2.1    Employees, contractors, volunteers, and members of the Board of Directors will perform services for Convergence Performing Arts, Inc. that may require Convergence Performing Arts, Inc. to disclose confidential and proprietary information ("Confidential Information") to incumbent. (Confidential Information is information and data of any kind concerning any matters affecting or relating to Convergence Performing Arts, Inc., the business or operations of Convergence Performing Arts, Inc., and/or the products, drawings, plans, processes, or other data of Convergence Performing Arts, Inc. not generally known or available outside of the company.) Accordingly, to protect the Confidential Information that will be disclosed during their tenure, the Incumbent agrees as follows:
            1.2.1.1    Incumbent will hold the Confidential Information received from Convergence Performing Arts, Inc. in strict confidence and will exercise a reasonable degree of care to prevent disclosure to others.
            1.2.1.2    Incumbent will not disclose or divulge, either directly or indirectly, the Confidential Information to others unless first authorized to do so, in writing, by Convergence Performing Arts, Inc. Board of Directors.
            1.2.1.3    Incumbent will not reproduce the Confidential Information nor use this information commercially or for any purpose other than the performance of his/her duties for Convergence Performing Arts, Inc.
            1.2.1.4    Incumbent will, upon request or upon termination of his/her relationship with Convergence Performing Arts, Inc., deliver to Convergence Performing Arts, Inc. any drawings, notes, documents, equipment, and materials received from Convergence Performing Arts, Inc. or originating from involvement with Convergence Performing Arts, Inc.
            1.2.1.5    Convergence Performing Arts, Inc. will have the sole right to determine the treatment of all inventions, writings, ideas and discoveries received from Incumbent during the period of involvement with Convergence Performing Arts, Inc., including the right to keep the same as a trade secret, to use and disclose the same without prior patent applications, to file copyright registrations in its own name, or to follow any other procedure as Convergence Performing Arts, Inc. may deem appropriate.
            1.2.1.6    Convergence Performing Arts, Inc. reserves the right to take disciplinary action, up to and including termination, for violations of this agreement in addition to pursuing civil or criminal penalties.
            1.2.1.7    This policy will be interpreted under and governed by the laws of the state of Arizona.
            1.2.1.8    All provisions of this Policy will be applicable only to the extent that they do not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Policy invalid, illegal or unenforceable. If any provision of this Policy or any application thereof will be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of other provisions of this Policy or of any other application of such provision will in no way be affected thereby.
        1.2.2    Incumbent will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney and (ii) solely for the purpose of reporting or investigating a suspected violation of law or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
        1.2.3    Each new employee, contractor, volunteer, and member of the Board of Directors shall be required to review a copy of this Policy and to acknowledge in writing that they have done so.
    1.3    Conflict of Interest
        1.3.1    Before board or committee action on a contract or transaction involving a Conflict of Interest, a director or committee member having a Conflict of Interest and who is in attendance at the meeting shall disclose all facts material to the Conflict of Interest. Such disclosure shall be reflected in the minutes of the meeting.
        1.3.2    A director or committee member who plans not to attend a meeting at which he or she has reason to believe that the board or committee will act on a matter in which the person has a Conflict of Interest shall disclose to the chair of the meeting all facts material to the Conflict of Interest. The chair shall report the disclosure at the meeting and the disclosure shall be reflected in the minutes of the meeting.
        1.3.3    A person who has a Conflict of Interest shall not participate in or be permitted to hear the board’s or committee’s discussion of the matter except to disclose material facts and to respond to questions. Such person shall not attempt to exert his or her personal influence with respect to the matter, either at or outside the meeting.
        1.3.4    A person who has a Conflict of Interest with respect to a Contract or Transaction that will be voted on at a meeting shall not be counted in determining the presence of a quorum for purposes of the vote. The person having a conflict of interest may not vote on the Contract or Transaction and shall not be present in the meeting room when the vote is taken, unless the vote is by secret ballot. Such person’s ineligibility to vote shall be reflected in the minutes of the meeting.
        1.3.5    Responsible Persons who are not members of the board of directors of Convergence Performing Arts, Inc. or who have a Conflict of Interest with respect to a Contract or Transaction that is not the subject of board or committee action, shall disclose to the Chair or the Chair’s designee any Conflict of Interest that such Responsible Person has with respect to a Contract or Transaction. Such disclosure shall be made as soon as the Conflict of Interest is known to the Responsible Person. The Responsible Person shall refrain from any action that may affect Convergence Performing Arts, Inc.’s participation in such Contract or Transaction.
        1.3.6    In the event it is not entirely clear that a Conflict of Interest exists, the individual with the potential conflict shall disclose the circumstances to the Chair or the Chair’s designee, who shall determine whether there exists a Conflict of Interest that is subject to this policy.
        1.3.7    Each new employee, contractor, volunteer, and member of the Board of Directors shall be required to review a copy of this Policy and to acknowledge in writing that they have done so.
    1.4    Programs
        1.4.1    Each program offered by the organization shall be led by a Program Director appointed by the Board of Directors.
        1.4.2    The Program Director of each program shall have the sole responsibility of the operations of their respective ensemble.

 

2.0    FISCAL MANAGEMENT
    2.1    Annual Audit
        2.1.1    An audit of the organization’s financial and governing documents shall be conducted annually not later than sixty (60) days after the end of a fiscal year.
        2.1.2    The findings from the audit shall be presented by the Treasurer to the Board of Directors for approval not later than seventy-five (75) days after the end of a fiscal year.
    2.2    Annual Budget
        2.2.1    A fiscal year budget shall be approved by the Board of Directors not less than thirty (30) days prior to the start of said fiscal year.
        2.2.2    In the absence of a budget, all expenditures – except those the organization is already liable for – shall immediately cease until a budget is adopted by the Board of Directors.
        2.2.3    The total actual expenses in any budget line item shall not exceed the amount approved in the annual budget.
        2.2.4    The annual budget may be revised at any time during the fiscal year with a two-thirds majority vote of the Board of Directors.
    2.3    Spending Limits
        2.3.1    Program Directors shall be authorized to spend not more than one and one-half (1.5) percent of the total expenditures in the annual budget without approval.
        2.3.2    An expenditure greater than one and one-half (1.5) percent but less than five (5) percent of the total expenditures in the annual budget requires a majority vote of the Board of Directors.
        2.3.3    An expenditure greater than five (5) percent of the total expenditures in the annual budget requires unanimous consent of the Board of Directors.
    2.4    Bank Accounts
        2.4.1    The organization shall hold its cash in a checking and/or savings account authorized by the Board of Directors.
        2.4.2    Program Directors shall be authorized signers on the organization’s bank accounts.
        2.4.3    All checks must be signed by two Program Directors.
        2.4.4    Checks shall be void if not cashed after ninety (90) days.
        2.4.5    The individual(s) tasked with maintaining the books of the organization shall not be authorized to access the bank account(s) except in a viewing capacity.
        2.4.6    Petty cash may be withdrawn by cashing a check made payable to the organization. Petty cash must be deposited not later than two business day after its intended use.
        2.4.7    All cash handled by the organization must be counted and verified by two (2) members of the Board of Directors, or one (1) member of the Board of Directors and the Bookkeeper.
    2.5    Liabilities
        2.5.1    Each Program Director shall receive a credit card in the name of the organization. Program Directors are authorized to spend amounts equivalent to those identified in Policy 2.3 Spending Limits.
        2.5.2    Any loan or evidence of indebtedness in the name of the organization may only be authorized by the Board of Directors within the limits identified in Policy 2.3 Spending Limits.
        2.5.3    All contracts or legal binding agreements must be signed by the President of the organization after being approved by the Board of Directors within the limits identified in Policy 2.3 Spending Limits.
    2.6    Reimbursements, Receipts, and Limitations
        2.6.1    Reimbursements may be authorized within the limits identified in Policy 2.3 Spending Limits. Receipts must be provided along with a reimbursement form.
        2.6.2    All expenditures incurred by the organization must have an accompanying receipt and/or invoice.
        2.6.3    Under no circumstance will alcohol be paid for or reimbursed by the organization.

 

3.0    PERSONNEL
    3.1    Employees
        3.1.1    The organization shall not have employees.
    3.2    Contractors
        3.2.1    The Board of Directors shall contract positions as may be necessary to conduct the business of the organization.
        3.2.2    All contractors having interactions with the organization’s participants must have and maintain a Level One Identity Verified Prints Fingerprint Clearance Card (IVP FPCC) from the Arizona Department of Public Safety.
        3.2.3    All contractors having interactions with the organization’s participants must complete SafeSport Training as determined by Winter Guard International, Inc. (WGI) and/or Winter Guard Arizona, Inc. (WGAZ).
        3.2.4    Program Directors shall be compensated at a rate not to exceed two (2) percent of the total expenditures approved by the Board of Directors in the annual budget.
    3.3    Volunteers
        3.3.1    All volunteers must have and maintain a Level One Identity Verified Prints Fingerprint Clearance Card (IVP FPCC) from the Arizona Department of Public Safety.
        3.3.2    All volunteers must complete SafeSport Training as determined by Winter Guard International, Inc. (WGI) and/or Winter Guard Arizona, Inc. (WGAZ).
    3.4    Non-Discrimination Statement
        3.4.1    Convergence Performing Arts, Inc. does not discriminate in employment on the basis of race, color, sex (including pregnancy and gender identity), national origin, political affiliation, sexual orientation, marital status, disability, genetic information, age, membership in an employee organization, retaliation, parental status, military service, or other non-merit factor. Convergence values and celebrates diversity and inclusion as it promotes greater collaboration and innovation leading to enhanced opportunities for the organization’s stakeholders. Convergence is proud to be an Equal Employment Opportunity (EEO) Employer.

 

4.0    PROGRAM PARTICIPANTS
    4.1    Participation Fees
        4.1.1    Participation fees for the organization’s programs shall be determined by the Board of Directors upon recommendation from the Program Directors.
        4.1.2    Participation fees shall be due not later than ten (10) business days after a performance contract is offered.
        4.1.3    The Board of Directors shall determine a payment plan schedule for those participants unable to pay the complete amount of the participation fees by the designated due date.
        4.1.4    Participants that fail to pay their participation fees as determined by Policies 4.1.2 or 4.1.3 shall be suspended from performances until their fees are paid.
        4.1.5    Participants with an outstanding balance at the conclusion of a season shall not be permitted to participate in any activities of the organization until their outstanding balance is paid.
    4.2    Participant Protection
        4.2.1    All individuals associated with the organization (members of the Board of Directors, Program Directors, contractors, volunteers, participants, and event attendees) must adhere to high ethical and legal standards. Conduct or language that could be perceived by a reasonable person as being rude, inappropriate, abusive, disorderly, derogatory, immoral, or threatening will not be tolerated. Violators may receive disciplinary actions, including dismissal or suspension.
        4.2.2    Any form of bullying and/or harassment, including cyber-bullying, will not be tolerated. Any conduct that creates a hostile environment is prohibited. Violators may receive disciplinary actions, including dismissal or suspension.
        4.2.3    Any individuals associated with the organization (members of the Board of Directors, Program Directors, contractors, volunteers, and participants) agree not to pursue, continue, or engage in the use of, or be under the influence of, illegal or recreational drugs or prescription medications or substances which may affect one’s ability to function or cause one to be impaired while participating with the organization. Violators may receive disciplinary actions, including dismissal or suspension.
        4.2.4    Any individuals associated with the organization (members of the Board of Directors, Program Directors, contractors, volunteers, and participants) may not consume alcohol while participating with the organization until their obligations are completed for the event. Violators may receive disciplinary actions, including dismissal or suspension.
        4.2.5    Conduct of individuals associated with the organization (members of the Board of Directors, Program Directors, contractors, volunteers, and participants) displaying or wearing the Convergence brand or likeness shall uphold these policies, including outside of official organization activities.
        4.2.6    The organization reserves the right to discipline, discharge, or suspend any individuals associated with the organization (members of the Board of Directors, Program Directors, contractors, volunteers, and participants) who violate these Policies & Procedures and/or who engages in unlawful activity outside the organization to the extent consistent with applicable law.
        4.2.7    Any individual may, anonymously, report a violation of these Policies & Procedures to the Board of Directors at which time an investigation shall immediately be conducted. The individual(s) mentioned by name, title, or likeness in the report shall be prohibited from participating in the investigation beyond providing statements and testimony surrounding the incident(s) reported. Actions as a result of the investigation shall be determined by the Board of Directors.
        4.2.8    The organization, in all instances where the law has been violated, shall immediately contact local law enforcement officials.
    4.3    Transportation
        4.3.1    Transportation to all regular rehearsals is the responsibility of the participant.
        4.3.2    Transportation to and from program events hosted by the organization within sixty-five (65) miles of the regular rehearsal site of the program shall be the responsibility of the participant.
        4.3.3    Transportation to and from program events hosted by the organization greater than sixty-five (65) miles of the regular rehearsal site of the program shall be provided by the organization.
        4.3.4    Program Directors, contractors, and/or volunteers may transport participants with their written consent. Participants under the age of eighteen (18) require the written consent of the participant’s legal parent/guardian.
    4.4    Overnight Lodging
        4.4.1    Lodging as a part of participation in a program event, as determined by the Program Director, shall be organized by the organization. Participants may be required to pay additional fees as determined by the Board of Directors in the annual budget.
        4.4.2    Not more than four (4) participants may be assigned to a room by the Program Director.
        4.4.3    All participants assigned to a room shall be of the same gender and of similar age. That is, those below the age of eighteen (18) will lodge together, and those above the age of eighteen (18) will lodge together.
    4.5    Photography and Videography
        4.5.1    All individuals associated with the organization (members of the Board of Directors, Program Directors, contractors, volunteers, participants, and event attendees) grant permission to the rights of their image, likeness, and sound of their voice as recorded on audio or video tape without payment or any other consideration. Individuals understand their image may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein their likeness appears. Individuals waive their rights to royalties or other compensation arising or related to the use of their image or recording.

 

5.0    DEFINITIONS
Participant – Any individual taking part in a program offered by the organization.
Program Director – The individual tasked with leading a program offered by the organization. This individual also serves as an ex-officio, voting member of the Board of Directors.
Program Event – All other events hosted by the organization, except regular rehearsals.
Volunteer – An individual not compensated by the organization providing assistance in the business of the organization.

 

6.0    AMENDMENTS, SUSPENSIONS, AND MISCELLANEOUS
    6.1    Amendments
        6.1.1    These Policies & Procedures may be amended by a majority vote at any regular or special meeting of the Board of Directors.
    6.2    Suspensions
        6.2.1    Any portion of these Policies & Procedures may be suspended for any period of time by a two-thirds majority vote of the Board of Directors.
        6.2.2    Unless otherwise decided by the Board of Directors when suspending any portion of these Policies & Procedures, suspensions of these Policies & Procedures shall be effective for thirty (30) days from the day the suspension shall be effective.
    6.3    Miscellaneous
        6.3.1    Program Directors reserve the right to develop additional policies relevant to the operations of their program. These policies shall have the same effect as being written and voted on in these Policies & Procedures. Any individual that believes such policy contradicts these Policies & Procedures or the mission of the organization may appeal in writing to the Board of Directors by stating the policy the Program Director is enforcing and why it should be nullified.