January 14, 2013
FOR IMMEDIATE RELEASE:
On December 5, 2012, the RCSC Board of Directors provided two options to the musical clubs who had expressed concerns about being able to continue if guests (non-RCSC Cardholders) were required to pay a $2.00 guest fee. Their decision is to be provided, in writing, by February 1, 2013.
1) Become a Sun City Performing Arts Group instead of an RCSC Chartered Club. In lieu of rental fees for the use of the music room, each Sun City Performing Arts Group would be required to provide four musical performances free of charge or solicitation of donations.
2) Remain an RCSC Chartered Club which requires adherence to Board Policy 12, which includes a guest fee for all participating guests.
Why are these musical clubs so concerned about the $2.00 per person, per day guest fee? How many of their participants are from outside of Sun City?
As you can see from the chart below, the Concert Band has 89 of its 144 total band members from outside of Sun City (62%), which would mean that more than half of their band would have to pay a $2.00 guest fee in order to use the music room at the Fairway Recreation Center for practice. The approximate annual cost (based on a 36 week practice schedule) to any one of these musicians who reside outside of Sun City would be $72.00 per year. The Sun City annual property assessment is $1.24 per day, or $450 per year as of February 1, 2013, whether residents use RCSC facilities or not.
|
Total Band |
Sun City |
% |
Other |
% |
|
| Concert Band |
144 |
55 |
38% |
89 |
62% |
| Pop’s Band |
100 |
60 |
60% |
40 |
40% |
| Chamber Orchestra |
53 |
17 |
32% |
36 |
68% |
|
Total |
297 |
132 |
44% |
165 |
56% |
If the Concert Band solicits donations at every “FREE” concert and cannot survive without them and charges for entry into the Sousa concert, where does all of their money go?
The RCSC Board of Directors has been informed that “all the monies collected by the band (Sousa Concert and others where donations are received) is given to the Sun City Concert Band Society.” Through the AZ Corporation Commission we confirmed that the non-profit corporation, Sun City Concert Band Society, Inc., was formed on 11/25/09. Their charter is “to sponsor concert bands and ensembles in retirement communities in Arizona.” According to the Commission’s records, Charles Musgrave was one of the original incorporators. It has also been reported to RCSC that the Society has “between $15,000 and $20,000 in its accounts.” When Concert Band President, Ed White, was questioned about this at the December Board/Member Exchange meeting, he confirmed that the Society did exist but insisted that only the monies from the Sousa concert (the Concert Band Club’s annual fund raiser) were given by the Concert Band Club to the Society and that the donations received at the “free” concerts were used to purchase new music. The fact is that if what Ed White reports is correct, the Concert Band Club is in violation of Board Policy as BP12A stated: “Cash contributions made by clubs to outside organizations shall not exceed the total donations made to RCSC.” (over)
If the Concert Band Club de-chartered would RCSC take or sell their assets?
Absolutely not! RCSC does not have any interest in the Concert Band’s, or any other Club’s assets. There is protection written into Board Policy 12 (“BP12”), as was previous BP12A, so that no one can disseminate a de-chartered club’s assets without others approval. If those assets are abandoned without taking due process, then they will revert to the RCSC. BP12 states: “When a club is de-chartered, equipment and supplies may be sold to other clubs, club members or outside sources with approval of the club’s Executive Board, RCSC’s Board of Directors and RCSC’s Assistant General Manager. If the club cannot or does not wish to sell the equipment or supplies, it may donate them to similar chartered clubs with RCSC’s Assistant General Manager’s approval. The club may sponsor a final closing event for its members, after such, all assets will revert to the Recreation Centers of Sun City, Inc.”
Can the Concert Band Club claim all performers who are non-RCSC Cardholders as Independent Contractors?
It is apparent in the language of BP12, that an independent contractor is someone that provides a service to a club and is paid for those services, not someone who participates in a club and performs with a club. BP12 states, “Clubs using independent contractors to provide club related services; i.e. dance callers, instructors, etc. shall define positions and duties in their club rules and regulations. All monies paid for services, including but not limited to instructors, callers and card club directors, must be paid and recorded by check or signed receipt. Clubs that hire independent contractors must comply with federal and state tax regulations and laws.” The RCSC Board of Directors would not want the actions of one club to put any other clubs in jeopardy, therefore, would be likely forced to restrict the number of independent contractors that could be hired annually by a club.
Is RCSC charging the Concert Band $1,500 for setup and rental fees even when the concerts are free?
The Players Club has paid setup and rental fees for years for all of their performances, why should the Concert Band be any different? The Concert Band rental and setup fees would actually be about $765, not $1,500. The Concert Band Club has made no request for a sanctioned event; however, there may be a conflict as their “free” concerts include solicitations for donations and a sanctioned event cannot produce any income for the club. BP12 states: “An open club event is any event to be attended by the general public and not just RCSC cardholders and their guests. Clubs shall pay RCSC rental and setup fees for the facilities assigned for open club events unless the club’s annual donation to RCSC is $17,500 or greater per year or the event is sanctioned as an RCSC sponsored event. To request that RCSC sanction an event, the club must submit the request to the RCSC Board of Directors in writing (boardoffice@sunaz.com).”
Would the non-Sun City residents have to pay to perform in a concert?
Not as long as they are open club events or if they became a Sun City Performing Arts Group who provides the concerts for free without soliciting donations. Since all concerts are open to the public, guest fees do not apply as per BP12, “Guest attendance registers (FORM BP:12-4) nor Host Punch Cards are required for open club events.”
How is an RCSC Chartered Club to serve the Sun City community?
RCSC Chartered Clubs are for RCSC Cardholders to both join and participate in as stated in Board Policy 12 (BP12): “A chartered club must operate primarily to further the common good and general welfare of the people of the community.” “Chartered club membership shall be open to all RCSC cardholders in good standing.”
Why are there no “Special Clubs” anymore?
In previous Board Policy 12A regarding Chartered Clubs there was a provision for Special Clubs, which stated: “Any one of these clubs may require a non-RCSC cardholder performing club guest to complete a club’s basic requirements.” The intent of this provision was never to create an avenue for non-Sun City residents and non-RCSC Cardholders to make up more than half of those participating in an RCSC Chartered Club and using RCSC facilities without compensation. The RCSC Board of Directors has eliminated this section in BP12 so that all guests are treated the same regardless of use.