Bylaws

I. Foundational Information
 

Name and Location
The legal name of the organization is Santa Delivers All Year

Round Inc. (DBA: Santa Delivers AYR). The principal office address shall be determined and updated by resolution

 of the Board of Directors as we grow. Currently the location is registered in Portage , Indiana. The organization is operated remotely.

Purpose
Santa Delivers AYR is a nonprofit charitable organization

operating under Section 501(c)(3) of the Internal Revenue Code. Its mission is to provide emergency support to families and individuals experiencing temporary financial hardship caused by job loss (up to six months), medical emergencies, death of a loved one, vehicular accidents, emergency necessary expenses, birth-related events, or natural/accidental disasters as a last resort aid when no other resources are available unless an applicant is ineligible. 

Membership
This Organization does not have a formal membership structure. The governance and direction of the Organization are the responsibility of the Board of Directors. This is subject to change as the organization grows. Therefore this will be then amended.  
 

II. Governance and Leadership

Board of Directors
The Board shall consist of no fewer than 3 and no more than 11 members. This is in compliancy with the mandated Indiana Nonprofit Corporation Act and aligns with IRS expectations for 501(c)(3) organizations.  Directors serve for three-year terms and may be re-elected without term limits. The Board has fiduciary oversight of the Organization, sets policy, and ensures alignment with the mission.

Officers
The officers of the Organization are Chair, Vice Chair, Secretary, and Treasurer. Officers are appointed by a majority vote of the Board and may be removed by a two-thirds Board vote. Their responsibilities include:
- Chair: Leads the Board and presides over meetings.
- Vice Chair: Supports and substitutes for the Chair.
- Secretary: Maintains records and documents.
- Treasurer: Manages financial oversight and reporting.

 
Meeting Guidelines
The Board meets at least quarterly. Special meetings may be called with 48 hours' notice by the Chair or majority of the Board. A quorum is a simple majority of seated Board members. Decisions are made by majority vote of members present.

Conflict of Interest Policy

Santa Delivers All Year Round Inc. is committed to maintaining the highest standards of integrity, transparency, and accountability in the management of charitable resources. The organization requires all Board Members, Directors, Officers, and key persons to act in the best interest of the organization and to disclose any actual, potential, or perceived conflicts of interest.

Board Members, Directors, Officers, and key persons shall not participate in the review, discussion, approval, management, fundraising activities, public campaigns, distribution, or voting related to any matter in which they, an immediate family member, or a related party has a personal, financial, or private interest.

Assistance provided to relatives, household members, close associates, or other individuals connected to a Board Member, Director, Officer, or key person shall be subject to the same eligibility requirements, documentation standards, verification procedures, and approval process applied to all other applicants.

A Board Member, Director, Officer, or key person may receive charitable assistance from Santa Delivers All Year Round Inc. only if they independently meet the same eligibility requirements established for all applicants and the assistance directly advances the organization’s charitable mission. Any request involving a Board Member, Director, Officer, or key person must be reviewed and approved solely by disinterested members of the Board of Directors. The individual requesting assistance shall have no involvement in the eligibility determination, review process, approval decision, management, fundraising efforts, public campaigns, or distribution of assistance related to their request.

All conflicts of interest, disclosures, recusals, approvals, and related decisions shall be documented in the official records and meeting minutes of the organization. Charitable assistance payments shall be made directly to qualified third-party vendors rather than directly to recipients.

This policy is intended to ensure responsible stewardship of charitable resources and compliance with applicable federal and state nonprofit governance requirements, including IRS guidance regarding conflicts of interest, private benefit, and excess benefit transactions, as well as the Indiana Nonprofit Corporation Act, including Indiana Code IC 23-17-13-1 through IC 23-17-13-3, as amended.

Indemnification

To the fullest extent permitted by the Indiana Nonprofit Corporation Act (IC 23-17-16) and any other applicable law, the Organization shall indemnify any person who serves or has served as a director, officer, employee, or agent of the Organization against expenses (including attorneys’ fees), judgments, fines, and amounts paid in settlement reasonably incurred by them in connection with any threatened, pending, or completed action, suit, or proceeding—whether civil, criminal, administrative, or investigative—by reason of their service, provided such person acted in good faith and in a manner reasonably believed to be in or not opposed to the best interests of the Organization.The Organization may purchase and maintain insurance to cover such indemnification. Indemnification shall not apply in cases of willful misconduct, gross negligence, or breach of fiduciary duties not protected by law. 

Committees
The Board may establish standing or temporary committees to support the Organization’s mission. Committees operate under the direction of the Board and may include, but are not limited to: Audit, Outreach and Donations, Application Review, and Volunteer Management.
 

III. Operations and Dissolution

 Books and Records
The Organization shall maintain accurate financial records, meeting minutes, policies, and other essential documentation. Financial statements shall be reviewed quarterly by the Board and annually by an independent reviewer.

 Amendment Procedures
These Bylaws may be amended by a two-thirds vote of the Board, provided that written notice of the proposed amendment is delivered to all directors at least seven (7) days in advance.

 Dissolution
Upon dissolution, all assets of the Organization shall be distributed exclusively to one or more organizations that are exempt under Section 501(c)(3) of the Internal Revenue Code and support a similar charitable purpose, as selected by the Board.

 Annual Accounting Period
The Organization’s fiscal year shall begin on January 1 and end on December 31.

 Other Essential Provisions
No part of the net earnings of the Organization shall inure to the benefit of any private individual or shareholder. However, the Organization may pay reasonable compensation for services actually rendered, provided such compensation is consistent with fair market value for the work performed. This provision complies with Internal Revenue Code § 501(c)(3) and Indiana Code IC 23-17-22-1 regarding prohibited distributions and private inurement.
 

The Organization shall not participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office. Lobbying activities shall be limited to an insubstantial part of the Organization’s overall activities, in accordance with IRS regulations and, if elected, the limitations set forth in Internal Revenue Code § 501(h).

Adopted by the Board of Directors on August 20, 2024

1. Conflict of Interest Policy

Purpose:
To protect the integrity and transparency of decision-making by identifying, disclosing, and managing any actual or perceived conflicts of interest.
Policy:

Any director, officer, or key volunteer must disclose a financial or personal interest in any matter affecting the Organization. Interested parties shall not participate in discussion or voting on related issues.

Procedures:
- Disclosures must be made in writing or online board communication and documented in meeting minutes.
- The remaining disinterested board members will decide if a conflict exists and what action, if any, is needed.
- This policy complies with IRS regulations under Treasury Regulation § 53.4958-6 and Indiana Code IC 23-17-13.

2. Whistleblower Protection Policy
Purpose:
To encourage good-faith reporting of suspected misconduct and protect individuals from retaliation.
Policy:
Santa Delivers AYR prohibits retaliation against employees, board members, or volunteers who report violations of law, policy, or unethical conduct.
Procedures:
- Reports may be made confidentially to the Board Chair or an assigned officer.
- All claims will be investigated promptly and thoroughly.
- Retaliation will result in disciplinary action, including potential removal.
This policy aligns with IRS best practices and the Sarbanes-Oxley Act.

3. Document Retention and Destruction Policy
Purpose:
To ensure the secure and compliant retention of records in accordance with legal and operational requirements.
Policy:
Santa Delivers AYR will retain and securely store documents in the company cloud drive for the periods listed below and ensure their proper disposal when no longer required.
Retention Schedule:
- Tax and financial records: 7 years
- Board meeting minutes and bylaws: Permanently
- Grant applications and related documents: 3 years
- Employee/volunteer records: 7 years after departure
Destruction:
Documents containing personal or financial data will be shredded or otherwise securely destroyed.
This policy complies with the Sarbanes-Oxley Act and applicable Indiana recordkeeping laws.

4. Compensation Policy
Purpose:
To ensure all compensation paid by the Organization is reasonable and justified by the nature of the work provided.
Policy:
- Compensation for staff or board members providing services outside their governance roles must be approved by disinterested board members via vote.
- Comparative market data must be reviewed to determine fair rates.
- All decisions and data must be recorded in the minutes.
This policy supports compliance with IRS Intermediate Sanctions rules (IRC § 4958).

5. Non-Discrimination Policy
Santa Delivers AYR does not discriminate on the basis of race, color, religion, national origin, gender, gender identity, sexual orientation, age, disability, family structure, or any other protected status in any of its programs or operations.

6. Gift Acceptance Policy
Purpose:
To outline what types of donations are acceptable and how they are processed.
Policy:
- Donations must support the Organization’s mission.
- Non-cash gifts must be reviewed for usability, liabilities, or conditions.
- Gifts with restrictions may only be accepted with board approval.

7. Volunteer Policy
Purpose:
To provide guidelines for the recruitment, responsibilities, and conduct of volunteers.
Policy:
- Volunteers represent the Organization and are expected to maintain professionalism and confidentiality.
- All volunteers must complete training and agree to adhere to organizational values.

8. Financial Controls Policy
Purpose:
To ensure responsible stewardship of funds through proper oversight and internal controls.
Procedures:
- Dual signatures required for checks over $500.
- Monthly reconciliation of bank statements.
- Board reviews quarterly financial reports.
- Annual financial review by an independent party.

9. Fundraising and Donor Privacy Policy
Policy:
All solicitations must be truthful and transparent.
Donor information will not be sold or shared without consent.
Donors may request anonymity or opt out of communications.

10. Social Media Policy
Purpose:
To guide the appropriate and professional use of social media by the Organization and its representatives.
Policy:
Only designated representatives may post on behalf of the Organization.
Posts must reflect the Organization’s values and not include confidential or sensitive information unless permissed by client to meet a goal.
Any violations may result in disciplinary action or removal.

11. Privacy Policy
Purpose:
To protect the privacy of individuals whose personal data is collected or maintained by the Organization.

Policy:
Privacy Policy Effective Date: 8/19/2024

Santa Delivers All Year Round Inc. (“we,” “us,” “our,” or “Santa Delivers AYR”) is a 501(c)(3) nonprofit organization based in Indiana. We are committed to protecting the privacy and safety of every individual and family we serve—especially children age 13 and under. This Privacy Policy explains how we collect, use, store, and protect personal information across our programs and services.

A.Information We Collect:

We collect only the information necessary to provide assistance, verify eligibility, ensure safety, and maintain accurate records for nonprofit reporting. The types of information we may collect include:

B.  Information From Parents/Guardians:

Name, address, phone number, and email

Household size and structure,

Proof of custody or guardianship (when required),

Income verification documentation

Any notes relevant to need, eligibility, or safety for clients and our volunteers. 

C. Information About Children (Age 13 and Under)

-Collected solely from parents/guardians such as:

First name, age and gender, clothing sizes, interests, wish lists. 

Special needs information (optional and only if relevant to providing assistance)

-We do not knowingly collect personal information directly from children.

D. Donor and Volunteer Information:

Contact information, donation history, volunteer scheduling information, background checks for volunteers (where required)

E.  Website and Digital Data:

If users visit our website or online forms:

IP address, browser or device information, form submissions, and cookies only for functionality and user experience (no tracking for advertising)

F. How We Use the Information:

We use the information we collect for the following purposes:

-To verify program eligibility

-To coordinate toy and meal donations

-To schedule deliveries to families without transportation

-To provide optional Santa visits

-To communicate with families, volunteers, and donors

-To maintain accurate nonprofit reporting and program statistics

-To improve program operations

*We do not sell, trade, or rent personal information to third parties.

G. How We Protect Children’s Information:

Because we serve children under 13, we maintain strict confidentiality and follow child-privacy best practices:

-Children's identifying details (full names, addresses, photos, etc.) are never shared publicly.

-Information is collected only from parents or legal guardians.

-Children’s data is used solely for gift matching, age-appropriate assistance, and safety verification.

-Photos of children are never published without an explicit, signed media release from a parent or guardian.

H.  How We Store and Secure Information:

We use secure, password-protected mukti-factor systems to store personal information. Access is limited to authorized personnel and trained volunteers that pass  background checks with a legitimate program need.

*Data protections include:

-Encrypted digital storage when applicable

-Physical document security for paper files

-Volunteer confidentiality agreements

-Access controls and regular oversight

I.  When We Share Information

We may share limited information only when necessary:

-With Volunteers

To complete deliveries or coordinate program support (e.g., family’s city, preferred drop-off instructions).

-We do not share full documents, sensitive data, or unnecessary personal details.

-With Donors ("Adopt-a-Family" sponsors)

We provide only the information needed to purchase appropriate items. 

-Family number (e.g., F289)

-Children’s ages, genders, and general wish-list items

-We do not share full names, addresses, proof of income, custody documents, or identifying details with unauthorized volunteers. 

-When Required by Law

-We may disclose information to comply with federal or state law, a court order, or law enforcement request.

J.. Your Rights:

Parents/guardians may:

-Request a copy of their information

-Correct or update information

-Withdraw from programs at any time

-Request deletion of personal information (unless retention is legally required)

K. Data Retention:

We retain records only for as long as needed for:

-Program documentation

-IRS compliance

-Legal and audit obligations

-Children’s information from seasonal programs (such as Christmas assistance) may be retained for up to 3 years for internal reporting, unless a parent requests deletion sooner.

L. Online Donations & Payment Processing:

Donations made through third-party platforms (e.g., Zeffy, SparkGood, PayPal) are governed by those vendors’ privacy policies. We are not given full information nor do we store card details.

M.  Photography, Media, and Story Sharing

Photos are used to show our impact and provide our donors with proof of services they support. We never use photos or stories of families or children without written permission.

Families may choose to opt-in or opt-out at any time.

N. Changes to This Policy

We may update this Privacy Policy periodically. Updates will be posted on our website, and the “Effective Date” will be amended.

12. Remote Work and Technology Use Policy
Purpose:
To ensure security and accountability when staff or volunteers work remotely or use Organization technology.
Policy:
All work must be conducted securely and in line with confidentiality requirements.
Only authorized users may access Organization data or systems.
Remote users must follow IT security best practices.

13. Equity & Inclusion Policy
Purpose:
To affirm the Organization’s commitment to diversity, equity, and inclusive practices in all operations.
Policy:
All participants, volunteers, and employees will be treated with dignity and respect.
Recruitment, programming, and aid decisions shall consider accessibility and fair opportunity.
The Organization actively promotes a culture of inclusion for historically marginalized groups.