Legal Documents
TALLAHASSEE MUSIC TEACHERS ASSOCIATION, INC.
Affiliated with the Florida State Music Teachers Association, Inc.
Affiliated with Music Teachers National Association, Inc.
Incorporated April 11, 2007
Rev. 3/2024
Affiliated with the Florida State Music Teachers Association, Inc.
Affiliated with Music Teachers National Association, Inc.
Incorporated April 11, 2007
Rev. 3/2024
- Articles of Incorporation for Tallahassee Music Teachers Association, Inc. has an assigned document number N07000004162 with the State of Florida Department of State.
- The Federal Identification Number for Tallahassee Music Teachers Association is 23-7363194.
- Certificate of Consumer Exemption 501©3 for Tallahassee Music Teachers Association has an assigned number 85-8012880745C-3.
ARTICLES OF INCORPORATION
TALLAHASSEE MUSIC TEACHERS ASSOCIATION, INC.
ARTICLE I: NAME
The name of this association shall be: Tallahassee Music Teachers Association, Inc. and is affiliated with Florida State Music Teachers Association, Inc. (FSMTA) and Music Teachers National Association, Inc. (MTNA), Cincinnati, Ohio, both Code Section 501(c)(3) organizations.
ARTICLE II: PURPOSE
Section 1: Said organization is organized exclusively for charitable, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 2: No part of the net earnings of the organization shall inure to the benefit or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to, any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 3: In the event of the dissolution of this organization, any funds remaining in the treasury after the payment of any outstanding debts shall be contributed to the Florida State Music Teachers Foundation or another 501(c)(3) organization.
Section 4: Said organization is formed for the following purposes: (1) to unite qualified music teachers within Calhoun, Franklin, Gadsden, Jackson, Jefferson, Leon, Taylor, Wakulla, and Washington counties; (2) to raise the standards of music teaching; (3) to sponsor meetings for study and discussion; (4) to provide student activities, and (5) to stimulate musical interest among the public.
ARTICLE III: MEMBERSHIP
Section 1: Membership classifications and privileges shall be prescribed in the Bylaws of Tallahassee Music Teachers Association, Inc. hereinafter designated as TMTA or as the Association and must be consistent with the membership classifications provided in the Bylaws of FSMTA. Membership shall consist of the following classifications: Active, Collegiate, Retired, Honorary, and Associate.
Section 2: Membership dues shall be approved by the Board of Directors and approved by the membership of TMTA.
Section 3: Membership in the Association may be terminated by the member or revoked by the Association as prescribed in the Music Teachers National Association, Inc. Bylaws.
Section 4: All members of this Association must hold membership in FSMTA and in MTNA.
Section 5: All membership categories include an agreement to abide by the current Code of Ethics
of Music Teachers National Association, Inc.
ARTICLE IV: INITIAL DIRECTORS AND/OR OFFICERS
The names, addresses, and titles of the initial directors of this Corporation are:
Martha H. Stubbs, President
1260 Timberlane Road
Tallahassee, FL 32312
Heajin Byun, Vice President
2305 Killearn Center Boulevard, G156
Tallahassee, FL 32309
Shirley Downs, Corresponding/Recording Secretary
1904 Sunset Lane
Tallahassee, FL 32303
Mark S. Repasky, Treasurer/Registered Agent
3744 Tom John Lane
Tallahassee, FL 32309
Marc J. Hebda, Membership Chair
7801 McClure Drive
Tallahassee, FL 32312
ARTICLE V: OFFICERS
Section 1: Officers of this association shall be: President, Vice President, Corresponding/Recording Secretary, Treasurer, and Immediate Past President. The manner of election and the duties of each officer shall be defined in the Bylaws.
Section 2: Officers shall be elected for a two-year term as is stated in the Association Bylaws.
ARTICLE VI: BOARD OF DIRECTORS
Section 1: The Board of Directors shall be composed of the officers named above and shall determine policies of the Association by actively pursuing the purposes of the Association within the limits of the Constitution and Bylaws. It shall have discretion in the disbursement of all funds of the Association.
Section 2: In order to transact business, a quorum consisting of four voting members of the Board of Directors, at least one of them being the President or Vice President, must be present.
ARTICLE VII: MEETINGS
Section 1: Meetings of the Association shall be held at such time and place as are decided upon by the Board of Directors of the Association, but they shall be guided by the wishes of the membership.
Section 2: Four voting members of the Board of Directors and four additional active members must be present to constitute a quorum of the Association for the transaction of business.
ARTICLE VIII: AMENDENTS
Section 1: This Articles of Incorporation may be amended at any business meeting of the Association by four active members and four voting members of the Board of Directors present and voting, the proposed amendment having been submitted to the members at least 14 days prior to the voting.
Section 2: All amendments must be consistent with Article II of the Articles of Incorporation.
ARTICLE IX: FISCAL YEAR
Section 1: The fiscal year of the association is July 1 to June 30.
The name of this association shall be: Tallahassee Music Teachers Association, Inc. and is affiliated with Florida State Music Teachers Association, Inc. (FSMTA) and Music Teachers National Association, Inc. (MTNA), Cincinnati, Ohio, both Code Section 501(c)(3) organizations.
ARTICLE II: PURPOSE
Section 1: Said organization is organized exclusively for charitable, educational, and scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 2: No part of the net earnings of the organization shall inure to the benefit or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to, any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 3: In the event of the dissolution of this organization, any funds remaining in the treasury after the payment of any outstanding debts shall be contributed to the Florida State Music Teachers Foundation or another 501(c)(3) organization.
Section 4: Said organization is formed for the following purposes: (1) to unite qualified music teachers within Calhoun, Franklin, Gadsden, Jackson, Jefferson, Leon, Taylor, Wakulla, and Washington counties; (2) to raise the standards of music teaching; (3) to sponsor meetings for study and discussion; (4) to provide student activities, and (5) to stimulate musical interest among the public.
ARTICLE III: MEMBERSHIP
Section 1: Membership classifications and privileges shall be prescribed in the Bylaws of Tallahassee Music Teachers Association, Inc. hereinafter designated as TMTA or as the Association and must be consistent with the membership classifications provided in the Bylaws of FSMTA. Membership shall consist of the following classifications: Active, Collegiate, Retired, Honorary, and Associate.
Section 2: Membership dues shall be approved by the Board of Directors and approved by the membership of TMTA.
Section 3: Membership in the Association may be terminated by the member or revoked by the Association as prescribed in the Music Teachers National Association, Inc. Bylaws.
Section 4: All members of this Association must hold membership in FSMTA and in MTNA.
Section 5: All membership categories include an agreement to abide by the current Code of Ethics
of Music Teachers National Association, Inc.
ARTICLE IV: INITIAL DIRECTORS AND/OR OFFICERS
The names, addresses, and titles of the initial directors of this Corporation are:
Martha H. Stubbs, President
1260 Timberlane Road
Tallahassee, FL 32312
Heajin Byun, Vice President
2305 Killearn Center Boulevard, G156
Tallahassee, FL 32309
Shirley Downs, Corresponding/Recording Secretary
1904 Sunset Lane
Tallahassee, FL 32303
Mark S. Repasky, Treasurer/Registered Agent
3744 Tom John Lane
Tallahassee, FL 32309
Marc J. Hebda, Membership Chair
7801 McClure Drive
Tallahassee, FL 32312
ARTICLE V: OFFICERS
Section 1: Officers of this association shall be: President, Vice President, Corresponding/Recording Secretary, Treasurer, and Immediate Past President. The manner of election and the duties of each officer shall be defined in the Bylaws.
Section 2: Officers shall be elected for a two-year term as is stated in the Association Bylaws.
ARTICLE VI: BOARD OF DIRECTORS
Section 1: The Board of Directors shall be composed of the officers named above and shall determine policies of the Association by actively pursuing the purposes of the Association within the limits of the Constitution and Bylaws. It shall have discretion in the disbursement of all funds of the Association.
Section 2: In order to transact business, a quorum consisting of four voting members of the Board of Directors, at least one of them being the President or Vice President, must be present.
ARTICLE VII: MEETINGS
Section 1: Meetings of the Association shall be held at such time and place as are decided upon by the Board of Directors of the Association, but they shall be guided by the wishes of the membership.
Section 2: Four voting members of the Board of Directors and four additional active members must be present to constitute a quorum of the Association for the transaction of business.
ARTICLE VIII: AMENDENTS
Section 1: This Articles of Incorporation may be amended at any business meeting of the Association by four active members and four voting members of the Board of Directors present and voting, the proposed amendment having been submitted to the members at least 14 days prior to the voting.
Section 2: All amendments must be consistent with Article II of the Articles of Incorporation.
ARTICLE IX: FISCAL YEAR
Section 1: The fiscal year of the association is July 1 to June 30.
BYLAWS OF
TALLAHASSEE MUSIC TEACHERS ASSOCIATION, INC
ARTICLE I: EXECUTIVE BOARD
Section 1: The Executive Board shall consist of the duly elected officers of the Association.
Section 2: The Executive Board shall transact the general business of the Association subject to its approval.
Section 3: Action taken by unanimous written consent of the members of the Executive Board via mail or electronic transmission shall be a valid action of the Board. Such action of the Board shall be preserved and reported in the official minutes.
ARTICLE II: ELECTION OF OFFICERS
Section 1: A nominating committee shall prepare a slate of officers in the spring of even years.
Section 2: The membership of the association shall vote on the slate of officers at the last
meeting of the fiscal year and, if approved, the new officers assume office.
ARTICLE III: DUTIES OF OFFICERS
Section 1: The President shall preside at all business meetings of the Association and Executive Board.
Section 2: The Vice President, in the absence of the President, shall perform the duties of the President.
Section 3: It shall be the duty of the Corresponding/Recording Secretary to keep a complete record of all meetings of the Association and Executive Board, to issue notices of all meetings to its members, and to forward the minutes to each member.
Section 4: It shall be the duty of the Treasurer to receive and disburse all monies of the Association, to present a detailed report at each meeting of the Association and present an annual report at the final meeting of the fiscal year.
Section 5: The Immediate Past President shall serve as an advisor to the President.
ARTICLE IV: MEETINGS
Section 1: Meetings of the Executive Board may be called by the President or upon the request of not less than three (3) Executive Board members.
Section 2: Any Association member who uses authorized communication equipment is deemed to be present in person at a meeting whether the meeting is held at a designated place or solely by means of authorized communication equipment. Members of the Association, Executive Board or a committee who are not physically present at a meeting may attend the meeting by the use of authorized communication equipment that enables the member an opportunity to participate in the meeting, including an opportunity to read, hear, or see the proceedings of the meeting, participate in the proceedings, and simultaneously communicate with the persons who are physically present at the meeting. The Executive Board may adopt procedures and guidelines for the use of authorized communication equipment in connection with a meeting of the Association, Executive Board, or a committee to permit verification that a person is a voting member and to maintain a record of any vote or other actions taken at the meeting.
Section 3: Voice vote shall prevail at the business meetings unless a majority of members present demand ballot voting. Proxies shall not be permitted. Action taken by unanimous written consent of the members of the Executive Board via USPS or email vote shall be a valid action of the Board. Such action of the Board shall be preserved and reported in the official minutes.
ARTICLE V: MEMBERSHIP CLASSIFICATION
Section 1: All members of Tallahassee Music Teachers Association, Inc. must hold membership in Florida State Music Teachers Association, Inc. and Music Teachers National Association, Inc.
Section 2: Active members are eligible to participate in all local, district, state and national activities, vote, hold state or national office, and apply for state and/or national certification.
Section 3: Collegiate membership is available to any college music major (teachers who have held full membership in Florida State Music Teachers Association, Inc., or Music Teachers National Association, Inc. do not qualify for Collegiate membership). Collegiate members may attend programs of local, district, state, or national associations and enter students in District Student Day under the supervision of an active member. Collegiate members may teach no more than ten students. Collegiate members may not vote, or hold office in Florida State Music Teachers Association, Inc.
Section 4: Retired membership (those members seventy years of age or older) enjoy a discount in state and national dues as dictated by the respective associations. Retired members enjoy the same privileges of Active membership.
Section 5: Honorary membership is conferred upon members upon the recommendation of the Florida State Music Teachers Association, Inc. Executive Board. Honorary members enjoy the same privileges of Active membership.
Section 6: Associate membership is available to those who are not professionally engaged in teaching music, but wish to support the association. Associate members enjoy the same privileges of Active membership except the right to vote, hold state office, or apply for Florida State Music Teachers Association, Inc. certification.
Section 7: All membership categories include an agreement to abide by the current Code of Ethics of Music Teachers National Association, Inc.
ARTICLE VI: DUES
Section 1: The fiscal year for all membership categories, except Collegiate membership, is July 1 to June 30. The Collegiate membership fiscal year is October 1 to September 30.
Section 2: Dues for Tallahassee Music Teachers Association, Inc. is established by its members.
Section 3: Dues for Florida State Music Teachers Association, Inc. and Music Teachers National Association, Inc. is determined by the respective associations.
Section 4: Annual dues for all categories of membership shall be due on the first day of the fiscal year.
ARTICLE VII: RULES OF ORDER
Section 1: Robert’s Rules of Order, current edition, shall govern the Association in all cases in which it is
applicable.
Section 2: The President shall appoint a Parliamentarian to function at all business meetings.
ARTICLE VIII: AMENDMENTS
Section 1: The Bylaws of the Association may be amended at any regular meeting of the Association by a two-thirds vote of the active members present, provided the proposed amendment(s) has been presented at a previous business meeting.
Section 1: The Executive Board shall consist of the duly elected officers of the Association.
Section 2: The Executive Board shall transact the general business of the Association subject to its approval.
Section 3: Action taken by unanimous written consent of the members of the Executive Board via mail or electronic transmission shall be a valid action of the Board. Such action of the Board shall be preserved and reported in the official minutes.
ARTICLE II: ELECTION OF OFFICERS
Section 1: A nominating committee shall prepare a slate of officers in the spring of even years.
Section 2: The membership of the association shall vote on the slate of officers at the last
meeting of the fiscal year and, if approved, the new officers assume office.
ARTICLE III: DUTIES OF OFFICERS
Section 1: The President shall preside at all business meetings of the Association and Executive Board.
Section 2: The Vice President, in the absence of the President, shall perform the duties of the President.
Section 3: It shall be the duty of the Corresponding/Recording Secretary to keep a complete record of all meetings of the Association and Executive Board, to issue notices of all meetings to its members, and to forward the minutes to each member.
Section 4: It shall be the duty of the Treasurer to receive and disburse all monies of the Association, to present a detailed report at each meeting of the Association and present an annual report at the final meeting of the fiscal year.
Section 5: The Immediate Past President shall serve as an advisor to the President.
ARTICLE IV: MEETINGS
Section 1: Meetings of the Executive Board may be called by the President or upon the request of not less than three (3) Executive Board members.
Section 2: Any Association member who uses authorized communication equipment is deemed to be present in person at a meeting whether the meeting is held at a designated place or solely by means of authorized communication equipment. Members of the Association, Executive Board or a committee who are not physically present at a meeting may attend the meeting by the use of authorized communication equipment that enables the member an opportunity to participate in the meeting, including an opportunity to read, hear, or see the proceedings of the meeting, participate in the proceedings, and simultaneously communicate with the persons who are physically present at the meeting. The Executive Board may adopt procedures and guidelines for the use of authorized communication equipment in connection with a meeting of the Association, Executive Board, or a committee to permit verification that a person is a voting member and to maintain a record of any vote or other actions taken at the meeting.
Section 3: Voice vote shall prevail at the business meetings unless a majority of members present demand ballot voting. Proxies shall not be permitted. Action taken by unanimous written consent of the members of the Executive Board via USPS or email vote shall be a valid action of the Board. Such action of the Board shall be preserved and reported in the official minutes.
ARTICLE V: MEMBERSHIP CLASSIFICATION
Section 1: All members of Tallahassee Music Teachers Association, Inc. must hold membership in Florida State Music Teachers Association, Inc. and Music Teachers National Association, Inc.
Section 2: Active members are eligible to participate in all local, district, state and national activities, vote, hold state or national office, and apply for state and/or national certification.
Section 3: Collegiate membership is available to any college music major (teachers who have held full membership in Florida State Music Teachers Association, Inc., or Music Teachers National Association, Inc. do not qualify for Collegiate membership). Collegiate members may attend programs of local, district, state, or national associations and enter students in District Student Day under the supervision of an active member. Collegiate members may teach no more than ten students. Collegiate members may not vote, or hold office in Florida State Music Teachers Association, Inc.
Section 4: Retired membership (those members seventy years of age or older) enjoy a discount in state and national dues as dictated by the respective associations. Retired members enjoy the same privileges of Active membership.
Section 5: Honorary membership is conferred upon members upon the recommendation of the Florida State Music Teachers Association, Inc. Executive Board. Honorary members enjoy the same privileges of Active membership.
Section 6: Associate membership is available to those who are not professionally engaged in teaching music, but wish to support the association. Associate members enjoy the same privileges of Active membership except the right to vote, hold state office, or apply for Florida State Music Teachers Association, Inc. certification.
Section 7: All membership categories include an agreement to abide by the current Code of Ethics of Music Teachers National Association, Inc.
ARTICLE VI: DUES
Section 1: The fiscal year for all membership categories, except Collegiate membership, is July 1 to June 30. The Collegiate membership fiscal year is October 1 to September 30.
Section 2: Dues for Tallahassee Music Teachers Association, Inc. is established by its members.
Section 3: Dues for Florida State Music Teachers Association, Inc. and Music Teachers National Association, Inc. is determined by the respective associations.
Section 4: Annual dues for all categories of membership shall be due on the first day of the fiscal year.
ARTICLE VII: RULES OF ORDER
Section 1: Robert’s Rules of Order, current edition, shall govern the Association in all cases in which it is
applicable.
Section 2: The President shall appoint a Parliamentarian to function at all business meetings.
ARTICLE VIII: AMENDMENTS
Section 1: The Bylaws of the Association may be amended at any regular meeting of the Association by a two-thirds vote of the active members present, provided the proposed amendment(s) has been presented at a previous business meeting.
Code of Ethics - Music Teachers National Association (MTNA)
The principles and aspirations found in the Code of Ethics are not conditions of membership, but are goals and ideals that each MTNA member should strive to make an essential part of his or her professional commitment to students, to colleagues and to society.
Commitment to Students
The teacher shall conduct the relationship with students and families in a professional manner.
Commitment to Colleagues
The teacher shall maintain a professional attitude and shall act with integrity with regard to colleagues in the profession.
Commitment to Society
The teacher shall maintain the highest standard of professional conduct and personal integrity.
Commitment to Students
The teacher shall conduct the relationship with students and families in a professional manner.
- The teacher shall respect the personal integrity and privacy of students unless the law requires disclosure.
- The teacher shall clearly communicate the expectations of the studio.
- The teacher shall encourage, guide and develop the musical potential of each student.
- The teacher shall treat each student with dignity and respect, without discrimination of any kind.
- The teacher shall respect the student's right to obtain instruction from the teacher of his or her choice.
Commitment to Colleagues
The teacher shall maintain a professional attitude and shall act with integrity with regard to colleagues in the profession.
- The teacher shall respect the reputation of colleagues and shall refrain from making false or malicious statements about colleagues.
- The teacher shall refrain from disclosing sensitive information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.
- The teacher shall participate in the student's change of teachers with as much communication as possible between parties, while being sensitive to the privacy rights of the student and families.
Commitment to Society
The teacher shall maintain the highest standard of professional conduct and personal integrity.
- The teacher shall accurately represent his/her professional qualifications.
- The teacher shall strive for continued growth in professional competencies.
- The teacher is encouraged to be a resource in the community.
Antitrust Compliance
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ANTITRUST COMPLIANCE POLICY
OF THE FLORDIA STATE MUSIC TEACHERS ASSOCIATION |
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The antitrust laws of the United States and the various states prohibit agreements, combinations and conspiracies in restraint of trade. Because the Florida State Music Teachers Association (“Association”) and other trade and professional associations are, by definition, combinations of competitors, one element of a possible antitrust violation is generally present, and only some action by the association that unreasonable restrains trade generally needs to occur for there to be an antitrust violation. Consequently, associations are common targets of antitrust plaintiffs and prosecutors.
The consequences for violating the antitrust laws can be severe. A conviction can carry stiff fines for the association and its offending leaders, jail sentences for individuals who participated in the violation, and a court order dissolving the association or seriously curtailing its activities. The antitrust laws can be Enforced against associations, association members, and the association's employees by both government agencies and private parties (such as competitors and consumers) through treble damage actions. As the principal federal antitrust law is a criminal conspiracy statute, an executive who attends a meeting at which competitors engage in illegal discussions may be held criminally responsible, even if he or she says nothing at the meeting. The executive's attendance at the meeting may be sufficient to imply acquiescence in the discussion, making him or her liable to as great a penalty as those who actively participated in the illegal agreement.
The antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. Some activities by competitors are deemed so pernicious and harmful that they are considered per se violations - it does not matter whether or not the activities actually have a harmful effect on competition; the effect is presumed. These generally include price fixing, allocation of customers, markets or territories, and group boycotts. In addition, there are many features that factor into price; agreements as to hourly rates, penalties for missed lessons, discounts, terms of payment, or other factors that can directly impact price also are proscribed.
Other actions such as compiling and publishing historical price and cost data, certification programs, and enforcement of codes of ethics, generally are evaluated under a rule of reason - there is a balancing between the pro-competitive and anti-competitive aspects of the activities; the pro-competitive effects must outweigh the anti-competitive ones. These areas also should be approached with caution and legal guidance.
The Association has a policy of strict compliance with federal and state antitrust laws. Association members should avoid discussing certain subjects when they are together - both at formal Association membership, Board of Directors, committee, and other meetings and in informal contacts with others in the music teaching profession and should otherwise adhere strictly to the following guidelines:
The consequences for violating the antitrust laws can be severe. A conviction can carry stiff fines for the association and its offending leaders, jail sentences for individuals who participated in the violation, and a court order dissolving the association or seriously curtailing its activities. The antitrust laws can be Enforced against associations, association members, and the association's employees by both government agencies and private parties (such as competitors and consumers) through treble damage actions. As the principal federal antitrust law is a criminal conspiracy statute, an executive who attends a meeting at which competitors engage in illegal discussions may be held criminally responsible, even if he or she says nothing at the meeting. The executive's attendance at the meeting may be sufficient to imply acquiescence in the discussion, making him or her liable to as great a penalty as those who actively participated in the illegal agreement.
The antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. Some activities by competitors are deemed so pernicious and harmful that they are considered per se violations - it does not matter whether or not the activities actually have a harmful effect on competition; the effect is presumed. These generally include price fixing, allocation of customers, markets or territories, and group boycotts. In addition, there are many features that factor into price; agreements as to hourly rates, penalties for missed lessons, discounts, terms of payment, or other factors that can directly impact price also are proscribed.
Other actions such as compiling and publishing historical price and cost data, certification programs, and enforcement of codes of ethics, generally are evaluated under a rule of reason - there is a balancing between the pro-competitive and anti-competitive aspects of the activities; the pro-competitive effects must outweigh the anti-competitive ones. These areas also should be approached with caution and legal guidance.
The Association has a policy of strict compliance with federal and state antitrust laws. Association members should avoid discussing certain subjects when they are together - both at formal Association membership, Board of Directors, committee, and other meetings and in informal contacts with others in the music teaching profession and should otherwise adhere strictly to the following guidelines:
- DO NOT discuss prices, fees or rates, or features that can impact (raise, lower or stabilize) prices such as discounts, costs, salaries, terms and conditions of sale, missed lessons policies, or profit margins. Note that a price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by association members even in the absence of an oral or written agreement.
- DO NOT agree with competitors as to hourly rates, payment terms, or contract provisions.
- DO NOT exchange data concerning fees, prices, sales, costs, salaries, student vacation or missed lesson policies, or other business practices unless the exchange is made pursuant to a well considered plan using historical data that has been compiled by independent party who is not a competitor in the market.
- DO NOT agree with competitors to divide up students, markets or territories.
- DO NOT agree with competitors not to deal with certain competitors or suppliers.
- DO NOT try to prevent a supplier from selling to your competitor(s).
- DO NOT agree to any association membership restrictions, codes of ethics or conduct, standard-setting, certification, accreditation, or self-regulation programs without the restrictions or programs having been reviewed by the Association’s attorney or the MTNA Antitrust Compliance Officer.
- DO insist that Association meetings that have agendas are circulated in advance and that minutes of all meetings properly reflect the actions taken at the meeting. All Association meetings generally should have written agendas prepared and circulated in advance.
- DO leave any meeting (formal or informal) where improper subjects are being discussed. Tell everyone why you are leaving.
- DO ensure that only Association staff (or designated volunteer leadership if the Association does not have staff) sends out all written and electronic correspondence on behalf of the Association and that Association officers, directors, committee members, or other members do not hold themselves out as speaking or acting with the authority of the Association when they do not, in fact, have such authority.
- DO ensure that if questions arise about the legal aspects of the Association’s activities or your individual responsibilities under the antitrust laws, you seek advice and counsel from the MTNA Antitrust Compliance Officer or from the staff and the attorney for the Association.