Terms and Conditions

1. The name of this Society shall be the Evin B. Hartsell Foundation​. It shall be a non-profit organization.

1. This Foundation shall operate as a non-profit organization in accordance with requirements of 501( c)(s) of the Internal Revenue Code and the Non-Profits Section of the Florida Corporations Act. No part of the net earnings of shall accrue to the benefit of any individual.

2. This Foundation is a corporation, with the Board (consisting of President, Vice-President, Treasurer / Secretary, and Directors) as its governing members.

3. The corporation is organized exclusively for charitable, educational, scientific, and literary purposes, including for such purposes, the making of distributions to organizations that qualify as exempt under Section 501 (c) (3) of the Internal Revenue Code of 1986 or the corresponding section of any future United States Internal Revenue law.

4. a). No part of the income or assets of the corporation shall inure to the benefit of, or be distributed to any of its members, directors, or officers as such, or to any other private persons during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of reasonable compensation to officers of the corporation for services actually rendered and to make payments and distributions in furtherance of the purposes set forth in this document.

b). The corporation shall not make loans to its officers, directors, or employees. Any director who votes for, or assents to the making of, a loan or advance to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan, or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

c). Notwithstanding any other provision of these articles, the corporation shall not carry on activities not permitted under:

1). A corporation exempt from federal income taxation under Section 501 (c) (3) of the Internal Revenue Code or the corresponding section of any future United States Internal Revenue law.

2). A corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code or the corresponding section of any future United States Internal Revenue law.

3). Laws of the State of Florida governing the operation of a Non-Profit Corporation.

5. Activities of the corporation shall not include the issuance or carrying on of propaganda, or otherwise attempting to influence legislation. The corporation shall not, either directly or through the actions of any of its directors or officers, participate in, contribute to, or intervene in (including the publishing or distribution of statements and materials), or otherwise support or assist, any political party, or campaign on behalf or in opposition to any candidate for public office.

To Inspire the World to understand and appreciate the true value of people with disabilities, through education, increased awareness, and charitable support.

1. The elected officers shall consist of the President, Vice-President, Secretary, and Treasurer.

2. The Executive Board of Directors shall consist of the Officers and the immediate Past-President of the Foundation.

3. The Executive Board of Directors shall control and manage the affairs, funds, property, and expenditures of the Foundation, shall carry out its purposes, and shall execute its by-laws.

4. The Board of Directors shall meet as frequently as needed to carry on the business of the Foundation. A meeting of the Board of Directors shall be held when requested by any two members of the Board of Directors. The Secretary shall notify all members, including ex-officio, of the time and place of each meeting at least one week in advance.

5. The unexpired term of any member of the Board of Directors who resigns or is dropped from the Board of Directors shall be filled by the selection of the Executive Board from among the roster of officers.

6. A quorum of the Board of Directors shall consist of three members. In the absence of a quorum, the Board members may propose suggestions for an ensuing meeting, but no actions may be taken until a quorum is present. Decisions shall be made without a vote of the President. In the event of a tie, the President shall cast the deciding vote. In the event of need for urgent action, the Executive Board may mail or phone for a decision.

1. No later than December the Board of Directors shall meet to appoint its new officers for the next year.

1. The President shall be the principal executive officer with the responsibility for general supervision of the affairs of the Foundation. The President shall preside at all meetings of the Board of Directors, but may designate the Vice-President to function when the President is unavailable.

2. The Vice-President shall substitute in the absence of the President and shall carry out whatever responsibilities may be assigned by the President or the Board of Directors.

3. The Secretary shall keep a record of the proceedings of the Foundation and of the Board of Directors and carry out any necessary correspondence on behalf of the Foundation.

4. The Treasurer shall have custody of the funds of the Foundation and shall deposit them in insured financial institutions or invest them pursuant to policy established by the Board of Directors. The Treasurer shall pay all bills, shall be responsible for the collection of dues or of any debts owed to the Foundation and shall keep a roll of membership. At the first regular meeting after the end of the fiscal year, or at any earlier special meeting, the Treasurer shall submit to the Board of Directors the annual balance sheet and income and expense account. The accounts and reports shall be subject to such directions and to such audits as the Board of Directors may prescribe.

President shall cast the deciding vote.

3. The latest available “Robert’s Rules of Order” shall govern all meetings of the Foundation.

1. Any officer shall have the right to indicate in writing his or her decision on any matter announced in the agenda of any meeting of the Foundation. Their written vote must be in the hands of the Secretary in time for counting at the regular meeting.

1. The fiscal year of the Foundation shall be January 1st to December 31st.

1. Upon dissolution of the Foundation, and after payment of all liabilities, the Board of Directors shall dispose of all remaining assets of the corporation to an organization or organizations operated exclusively for charitable, educational, religious or scientific purposes which shall at the time qualify for exemption under Section 501( c) (3) of the United States Internal Revenue Code of 1954.

1. Amendments to these by-laws must be proposed in writing. A proposal for an amendment may be offered by any member in good standing. Signatures of three other

members in good standing must accompany the proposal. The Secretary will circulate such proposals to the Board of Directors, which must approve the proposals by two thirds of the Board Members.