Current Statutes Approved by the General Assembly in the year 2004
Chapter I – Headquarters, Designation and Purposes
The Banda Municipal de Santana, founded on April 4, one thousand nine hundred and twenty six, has its headquarters in the parish of Santana. Santana City Council supports all charges, from the uniforms, instruments and remunerations of the Regent and Sub-Regent. In addition to being the Band of the Municipality, will be governed by the present statutes:
The purposes of the Banda Municipal de Santana are:
a) To instruct its members in musical art so that they can present themselves worthily in public;
b) To give concerts at its headquarters, which may be attended only by the civilian and military authorities and other persons invited by the Directorate, the protective members and their families;
c) Brighten up, free or remunerated as the Board of Directors so determines, any camps, charity parties, national parties, municipal, etc.
Chapter II – Members and their admission
The Banda Municipal de Santana, will be composed of unlimited number of members of four classes namely:
a) Performers, who are the current members who already take part in the functions of the Band, apprentices who, upon completion of their instruction, fall into the category of performing members (item b) of article eleven, and all individuals of artistic class or comparable class , who live decently, enjoy a good moral and civil reputation, and who are already considered musicians, are admitted to this association;
b) Learners, who are the individuals who make in this Band their musical learning;
c) Protectors, who are all individuals who in any way assist this Band in their progress and musical perfection;
d) Meritorious, who are individuals who may give the Band any benefit of recognized importance and distinction, and which the General Assembly as such may consider.
Proposals for the admission of performing members shall be sent to the Chairman of the Board who, eight days after receiving them, shall submit them to the General Assembly for its opinion, which shall decide on the admission or refusal of the candidate, participating in the latter, within a maximum period of eight days, what is your resolution.
a) These proposals must be presented for eight days in the test room before being submitted for discussion.
Proposals for the admission of apprentices shall be sent to the Chairman of the Board, who, in agreement with the Regent, shall decide whether to accept or refuse the proposal.
a) In the case of minors the proposal must be authorized by the candidate’s parents or guardians.
Proposals for the admission of protection members shall also be sent to the Chairman of the Board, who shall also present them for eight days in one of the rooms of the Headquarters, which shall be attended by the same members, who shall submit them to the General Assembly for its opinion.
a) To be elected to the governing bodies of the Banda Municipal de Santana, members must be registered for more than a year, and with membership fee up to date.
Chapter III – Rights, Duties and Penalties of Members
Members of any category have the right to propose new members, to attend the Band’s headquarters, distracting themselves, willingly, in the games that are provided to them and to attend with their families and any diversions that in the same venue do.
The General Shareholders’ Meeting only has the right to take part in the executing partners and also the members with a minimum of 2.50€ per month (two euros and fifty cents).
The apprentice member is obliged to play the instrument that the regent considers best suited to his musical competence, which will be acquired by equal quotas among the performers or by the available funds of the Band, when it can not be that way and in this case will be discounted from the importance to be received by them, coming from touches being owned by all performers.
The apprentice partner is also obligated:
a) To the payment of the monthly membership fees established at the time of its admission.
b) To the payment of a fine also established, when it misses the lessons or when they do not appear at the determined time;
c) To respect the regent or his representative, as well as all members of any category of this association.
The apprentice can only appear on the bookshelf when, by determination of the regent, he is apt to take part in the general rehearsals in the Band;
a) It may only take part in the functions to which the Band is called, also when the conductor determines it, and subject to the remuneration that the Direction establishes;
b) Only executors, with the rights and privileges of the other members, may be considered as executing partners, when the Board, according to the regent, deems it appropriate.
They may be dismissed from this Association, a penalty which may be replaced, whenever the Board of Directors deems it appropriate, by the competent fines:
a) Members of any class who fail to respect due to the regents, members of the managing bodies and other associates;
b) Members of any category who, through drunkenness, negligence or any act less dignified, compromise the prestige and good name of the Band;
c) The performing partner of the apprentice who, appointed for any service, misses the performance of one or more pieces of music that the Band has to play for free or remunerated, or that does not appear decently uniformed, at the time and place determined for them;
d) The apprentice partner or performer who does not demonstrate the precise qualities of character and competence for musical art;
e) The apprentice member who is absent at the time scheduled for the rehearsals;
f) Any member who falsely justifies his faults, or who will tell strangers what is happening within the Association;
g) The executing partner who leaves the service before fulfilling the obligations of the Band, however, may be replaced in agreement with the Direction;
h) The performing partner who fails more than three consecutive trials;
i) Protective members who owe more than three monthly payments;
j) Members of any class who do not behave with dignity within the headquarters of this Association;
k) The members of any class that do not respect the determinations of the managing bodies of the same headquarters.
Members of any class have the right to complain to the Board, even individually, of any injustice they consider to be a victim.
a) The Board is obliged to resolve the matter and submit it for the opinion of the General assembly, when the claimant is not satisfied with the solution given.
Chapter IV – General Assembly
At the General Assembly of the Banda Municipal de Santana lies all the power of this Association that will delegate its management to a Directorate and oversee a Fiscal Council.
The Municipal Band shall be deemed to be meeting in General Assembly on all its days of rehearsal, provided that more than half of its members attend.
a) These Meetings shall be considered ordinary meetings;
b) The Municipal Band may meet in an Extraordinary Meeting whenever it has to deal with matters of recognized importance and seriousness.
Voting shall be by acclamation or by spheres, whites to approve and blacks to disapprove, except for the election of governing bodies, which shall be made by secret ballot by means of a single list containing five names for the Directorate and five for the Fiscal Council, respectively, three employees and two substitutes.
The General Assembly is responsible for:
a) Decide in the last instance of the lawsuits presented to them, even of those that may arise for any reason omitted in these Statutes.
All minutes and resolutions of the General Assembly shall be recorded in minutes, which shall be signed by the president and the secretaries.
Chapter V – Direction
The Board is composed of a President, a Vice President, a Treasurer, a secretary, three Members and an Alternate.
It is incumbent upon the Board:
a) To comply with the deliberations of the Assembly;
b) Convene the extraordinary meeting of the Assembly whenever requested by ten or more implementing partners;
c) Always keep the Band’s bookkeeping in a timely manner so that any member can be informed as soon as possible of the status of their account;
d) Open a checking account in Caixa Geral de Depósitos, where he will deposit all the revenues and through which he will pay all the payments of the Band;
e) Designate one day a week for your payments no matter what they are;
f) All payments shall be made by means of receipts signed by the president and treasurer, to which the deposits will be made;
g) Observe the lack of members, giving immediate knowledge of them to the Assembly to proceed in accordance with these Statutes;
h) Ensure the cleaning of the Band headquarters, and the cleaning and maintenance of furniture and instruments;
i) To delegate in one of its members the supervision, as an aid to the conductor, of the behavior of the members in the functions that the Band must be able to brighten up.
Chapter VI – Fiscal Council
The Fiscal Council is composed of five members: one President, one Vice-President, two secretaries and one Alternate.
a) Its attributions are:
To attend meetings of the Board whenever it is requested to attend or even by its spontaneous deliberation, to examine the Band’s writing whenever it deems it appropriate and to give its opinion on the accounts presented by the Board.
Chapter VII – Rights and Duties of the Regent and Sub-Regent
It is incumbent upon the regent:
a) Try in each year, at least 24 pieces of music, in addition to the concert pieces that can be performed;
b) Ensure the cleaning and conservation of the uniforms and instruments, participating to the Management the faults that observe;
c) Designate the instruments that members must play;
d) Strive to present the Band with proper distinction and decency, both technical and moral, wherever it has to be heard,
e) Regener the Band whenever it is contracted with a number of figures not exceeding 10, being replaced in cases of force majeure by the sub-conductor;
f) Make the appointments of the personnel for the functions for the members who are entitled to them, but also taking into account their musical competence and aptitude for the good performance of the service to be performed.
The conductor whenever he accompanies the Band has the right to receive the same salary as the other partners, and another half, not accompanying it will win half a share.
The Regent may never accept any request made solely to the Band to play in any public or private or private place without the prior consent of the majority of the same and after hearing the Direction.
The quotas of the apprentices revert to the benefit of the regent to the sub-regent as long as they are the lectors;
The monthly salary of the Regents shall be an amount fixed by the Board.
As the circumstances dictate, the Board may change what is established in these Statutes, on the Rights and duties of the Regent.
Chapter VIII – Miscellaneous provisions
The management time of the managing bodies is three years and may be reelected in whole or in part of its members, as well as replaced, whenever the General Assembly deems it appropriate.
This Association may not discuss any pretext, matters of a political nature nor outside the interests of the Band, nor may it ever take part in demonstrations or political parties, excepting national celebrations or demonstrations or promoted in honor of the Head of State.
a) The provisions of this article may be changed whenever the Board deems it appropriate.
The band will have a regent and a sub-regent to rehearse and regulate it where necessary.
The appointment or acquisition of the director shall be the responsibility of the Board of Directors in agreement with the General Assembly and that of the sub-director to his superior but according to the same Board or General assembly.
The fines referred to in article 12 will be doubled to the members of the Board and sub-regent and tripled to the regent.
Changes or obscenities will not be accepted in this Association, either in the test house or in any other part where the Band meets.
Discussions within the coretos are absolutely forbidden, regardless of their nature, especially those that are or seem to be caused by altered moods.
Whatever the faults committed in camp or similar meetings, they can only be discussed and dealt with at the headquarters of the Association.
All the executing partner is obliged to contribute 20% of the gross revenue that competes for the safe of this Association.
Members who are excluded or voluntarily withdraw from this Association lose membership rights; if he has to serve in the army or navy, or absent himself from the land, do not return to the Band as soon as he is discharged or returns to Madeira.
The member who is deemed to be deprived of the appointments for any function, may complain, in correct terms, to the Board.
The Band is obliged to assist any sick member or family member in need, by whatever means they deem most convenient, but always after the case has been properly dealt with by the Board.
Any member of any class, has the right to ask the Board of Directors for a meeting of the General Assembly when it feels injured in its rights, when it considers that it should treat any matter of interest to the Association, provided that such request is made by nine or more associated.
The Band can never have less than three rehearsals per week unless the Directorate decides otherwise according to the regent. These tests will be in the winter, from 19 to 21 hours and in the summer from 20 to 22 hours with a tolerance of 15 minutes for the appearance of the performers. After this time, only a justified reason will prevent the application of the respective fine, and the entrance of the Banda’s headquarters is also not allowed to members of the same or any protector member and their families.
The regent can never fail to give the band a test whenever they appear at least 10 of its components.
The member that for any reason can not accept the musical service to be appointed, may be replaced, having replaced, as long as the Board consents.
The member who is unable to play due to illness will gain, when the Band has to play fractioned, half of the other members’ salary, and a part when the Band plays with the number considered “Whole Band”.
The Association may entrust to a committee of protective members the collection and application of the revenues from the same members, regulating the conditions in which it grants this charge and by which that commission will be regulated.
The exclusion of protective members is always the responsibility of the Board of Directors with the General assembly.
This Association may set up in its rooms any family games for entertainment of its members of all classes, as well as restaurant for its exclusive use.
The dissolution of the Municipal Band can only occur when the majority of its components, and their protectors in the General Assembly, expressly called for this purpose, solves it by virtue of the insufficiency of its resources or the impossibility of reaching its ends.
a) In this case a liquidation commission shall be appointed by determination and nomination of the Board, which shall close all accounts receivable and pay all debits and distribute the balance, if any, by the performing partners in equal shares.
b) At the meeting of the General Assembly, which deals with the dissolution of the Band, they shall assist the protective members with a deliberative vote, for which the competent announcements shall be made, in anticipation of 15 days, and this meeting shall not be held if they do not attend, at least 20 of the same protective members.
These Bylaws may be amended when the Board of Directors, in agreement with the General assembly, deems fit.
The Municipal Band may only play free of charge anywhere, even in funeral accompaniments of the members of any class when the Directorate so determines.
a) In urgent cases, the Board will call the Band extraordinarily at its disposal.
The proceeds of fines imposed for breach of these Statutes shall revert to the benefit of the Association’s safe.
The Board shall draw up the list of fines to be applied for infractions of these Statutes as well as the regulations imposed by the proper execution thereof, altering them whenever it deems convenient.
It is the responsibility of the Board to adjust the functions.
a) The Directorate is obliged to show in the test house, as possible anticipation, the indication of the adjustment made, the number of musicians contracted, place and day for which the Band was contracted, and the time at which the Band must begin and end the service .
The Municipal Band will create a fund of recipes intended for performing members who are known to be invalid or unable to play because of their advanced age.
a) Invalidity is considered to be the natural illness of which the member is affected and that makes it impossible to render his normal service to the Band.
b) By disability, members who, at the age of 50, are deemed incapable of exercising their duties in the Band;
c) Both invalidity and disability will only be recognized to the member who has more than 10 years of active service in the Band and is in full enjoyment of their associative rights;
d) The Board will carry out the necessary investigation to ascertain from justice that it assists applicants for the benefit referred to in this article, sanctioning or disapproving the claim;
e) The fund intended for the purpose of this article shall consist of at least 10% of the gross revenue of the fund of the protective members;
f) The benefit to be granted to an invalid or unable to play member will always be fixed by the Board in harmony with the availability of the respective fund and the number of members to benefit.
Members of any class to be considered for the enjoyment of their associative rights shall not be subject to the provisions of article 12 and its paragraphs.
The reserve fund referred to in Article 34 shall be deposited in accordance with Article 20 (d) and (f), but in a special account and shall only be applied to the general expenses of the Band authorized by the Board.
The reserve fund referred to in Article 52 (e) shall also be deposited under the terms of the preceding paragraph, also in special account, but both deposits and withdrawals shall be signed by the Chairman and Treasurer of the Board.
No member of the Municipal Band may play in any other musical association without the prior consent of the Board.
The General Assembly of the Banda Municipal de Santana will be presided by a president, a Vice President, three Secretaries and an Alternate.
Transitorily, while the road shares of the performing partners are not equal, the less important ones will deduct 20% instead of 10% of the gross revenue that competes to them until it is verified that their entrance share is equal to the greater of the paid quotas.