Important
- Please Complete
Date - District -10
Name of PTA – Richard Avenue Elementary PTA
City –
Member of - South-Western PTA
Council
Date Organized -
Circle One : Preschool EL JR MIDDLE INTER
SR VOC
IRS Employer Identification # 23-7253203
Bylaws
Article I: NAME
The name of this association is the Richard
Avenue Elementary Parent- Teacher Association (PTA)of
**Article II: ARTICLES OF
ORGANIZATION
The articles of organization of a
constituent organization include (a) the bylaws of such organization and (b)
the certificate of incorporation or articles of incorporation of such
organization (in cases in which the organization is a corporation) or the
articles of association by whatever name (in cases in which the organization
exists as an unincorporated association).
**Article III: PURPOSES
Section 1. The
objects of the Richard Avenue Elementary PTA, in common with these of the
National PTA and the Ohio PTA are:
a.
To
promote the welfare of children and youth in home, school, community, and place
of worship.
b.
To
raise the standards of home life.
c.
To
secure adequate laws for the care and protection of children and youth.
d.
To
bring into closer relation the home and school, that parents and teachers may
cooperate intelligently in the education of children and youth.
e.
TO
develop between educators and the general public such united efforts as well
secure for all children and the youth the highest advantages in physical,
mental, social, and spiritual education.
**articles and sections are
required by National PTA and must be copied exactly and may not be amended
locally
#articles and sections are
required by
Section 2. The
Objects of the National PTA and the Ohio PTA and this local PTA are promoted
through an educational program directed towards parents, teachers and the
general public; are developed through conferences, committees, projects, and
programs; and are governed and qualified by the basic policies set forth in
ARTICLE IV.
Section 3. The
organization is organized exclusively for the charitable, scientific, literary
or educational purposes within the meaning of Section 501 ( c ) (3) of the
Internal Revenue Code or corresponding section of any future Federal tax code
(hereinafter “Internal Revenue Code).
**Article IV: BASIC POLICIES
The following are
basic policies of the Richard Avenue Elementary PTA in common with those of the
National PTA and the Ohio PTA:
a.
The
organization shall be noncommercial, nonsectarian, and nonpartisan.
b.
The
name of the organization or the names of nay members in their official
capacities shall not be used to endorse or promote a commercial concern or in
connection with nay partisan interest or for any purpose not appropriately
related to promotion of the Objects of the organization.
c.
The
organization shall not –directly or indirectly—participate or intervene (in any
way, including the publishing or distributing of statements) in any political
campaign on behalf of, or in opposition to, any candidate for public office; or
devote more than an insubstantial part of its activities to attempting to
influence legislation by propaganda or otherwise.
d.
The
organization shall work with the schools to provide quality education for all
children and youth, and shall seek to participate in the decision making
progress establishing school policy, recognizing that the legal responsibility to
make decisions has been delegated by the people to boards of education.
e.
The
organization shall not enter into membership with other organizations except
such international or national organizations as may be approved by the National
PTA Board of Directors. The Ohio PTA or any of its divisions may cooperate with
other organizations and agencies concerned with child welfare, but a PTA/PTSA
representative shall make no commitments that bind the group he represents.
f.
No part
of the net earnings of the organization shall inure to the benefit of, or be
distributable to its members, directors, 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 ARTICLE III hereof.
g.
Notwithstanding
any other provision of these articles, the organization shall not carry on any
other activities not permitted to be carried on (i) by an organization exempt
from Federal income tax under Section (c ) (3) of the Internal Revenue Code, or
(ii) by an organization, contributions to which are deductible under Section
170 ( c) (2) of the Internal Revenue Code.
h.
Upon
the dissolution of this organization, after paying or adequately providing for
the debts and obligations of the organization, the remaining assets shall be
distributed to one or more non-profit
funds, foundations, or the organizations which has established their tax
exempt status under Section 501 ( c) (3) of the Internal Revenue Code.
Article V: RELATIONSHIP WITH
NATIONAL PTA AND
**Section 1. This
local PTA shall be organized and chartered under the authority of the Ohio PTA
in the area in which this PTA functions, in conformity with such rules and
regulations, not to be in conflict with the Bylaws of the National PTA, as the
Ohio PTA many in its Bylaws prescribe. The Ohio PTA shall issue to this PTA an
appropriate charter evidencing the due organization and good standing of this
PTA.
A local PTA in good
standing is one which:
a. Adheres to the Objects and basic
policies of the PTA:
b.
Remits the national portion of the dues through the Ohio PTA to reach the
National PTA office by dates designated by the National PTA
c.
Has Bylaws approved according to the procedure of each state ; and
d.
Meets other criteria as may be prescribed by the Ohio PTA
**Section 2. This
local PTA shall adopt such Bylaws for the government of the organization as may
be approved by the Ohio PTA. Such Bylaws shall not be in conflict with the
Bylaws of the National PTA or the Bylaws of the Ohio PTA.
#Section 3. A local
PTA shall adopt Bylaws which shall:
a.
Conform
to the Bylaws of the National PTA and the
b.
Have
been approved either by a district director, Coordinator of District Directors
or a PTA member appointed by them. These Bylaws may then be used until
officially approved bylaws are returned from the Ohio PTA.
c.
Include
in its Bylaws provisions corresponding to those identified herein by a double
star and the # symbol.
**Section 4. Bylaws
of each constituent organization shall include an article on amendments.
**Section 5. Each
officer of a constituent organization shall be a member of a local PTA within
its area.
**Section 6. This
local PTA shall keep such permanent books of account and records as shall be sufficient
to establish the items of gross income, receipts and disbursements of the
organization, including, specifically, the number of its members, the dues
collected from its members and the amount of dues remitted to the Ohio PTA.
Such books of account and records shall at all reasonable times be open to
inspection by an authorized representative of the Ohio PTA or, where directed
by the committee on state and national relationships, by a duly authorized
representative of the National PTA.
**Section 7. The
charter of this local PTA shall be subject to withdrawal and the status of such
organization as a local PTA shall be subject to termination, in the manner and
under the circumstances provided in the Bylaws of the Ohio PTA.
**Section 8. This
local PTA is obligated, upon withdrawal of its charter by the Ohio PTA:
a.
To
yield up and surrender all of its books and records and all of its assets and
property to the Ohio PTA or to such agency as may be designated by the Ohio
PTA, or to another local PTA organized under the authority of the Ohio PTA.
b.
To
cease and desist from the further use of any name that implies or connotes
association with the National PTA or the Ohio PTA or status as a constituent
organization of the National PTA; and
c.
To
carry out promptly, under the supervision and direction of the Ohio PTA, all
proceedings necessary or desirable for the purpose of dissolving this local
PTA.
**Section 9. This
local PTA shall collect dues from its members and shall remit a portion of such
dues to the Ohio PTA as provided in ARTICLE VI hereof.
**Section 10. Each
local PTA shall include in its Bylaws provisions corresponding to the
provisions of such Bylaws of the National PTA as are identified herein by a
double star.
**Section 11. The
adoption of an amendment to any provision by the Bylaws of the National PTA
identified by a double star shall serve automatically and without the
requirement of further action by the local PTA to amend correspondingly the
Bylaws of each local PTA. Notwithstanding the automatic character of the
amending process, the local PTA shall promptly incorporate such amendments in
their respective Bylaws.
#Section 12. Each
local PTA shall include in its Bylaws provisions corresponding to the
provisions of the Ohio PTA Bylaws as identified by the state symbol #.
#Section 13. Each
local PTA, in accordance with the January 1973 ruling by the Internal Revenue
Service (IRS) shall:
a.
File an
annual financial report with the Ohio PTA office.
b.
File a
Form 900 or 900EZ with a schedule A if gross receipts exceed $25,000 annually.
c.
Notify
the Ohio PTA office of its Employers Identification Number (EIN). If no number
is presently available, the local PTA unit must apply for one.
#Section 14. Any
local PTA disbanding or withdrawing from the Ohio PTA shall:
a.
Notify
its Ohio PTA district director or the Ohio PTA office thirty (30) days before
disbanding vote is taken.
b.
Be
governed by the procedure established by the Board of Managers of the Ohio PTA
as set fourth in the Ohio PTA Bylaws Article VI, Section 6. and #Section 23.
#Section 15. If a
motion to disband and is presented and seconded, it:
a.
Must be
deferred for vote until the next meeting. All members shall be notified by
first class mail, along with the district director and the Ohio PTA office,
thirty (30) days prior to the meeting at which the vote will be taken on the
motion to disband.
b.
Is
opened for discussion at the next regular meeting. A two-thirds (2/3) vote of
members present and voting is required for the motion to be adopted. However,
before the final vote can be taken, the members must decide how to dispose of
the property and assets of the unit in accordance with Section 501 ( c )(3) of
the Internal Revenue Code (See **ARTICLE IV, Section h). The books, records and
the local PTA’s Charter shall be returned to the Ohio PTA office by registered
mail or given to the district director.
#Section 16. When
the dissolution vote is taken the IRS shall be notified that this local PTA is
no longer a tax exempt organization of the Ohio PTA.
Article VI: MEMBERS AND DUES
**Section 1. Every
individual who is a member of this local PTA is, by virtue of that fact, a
member of the National PTA and of the Ohio PTA by which such local PTA is
chartered, and is entitled to all the benefits of such membership.
**Section 2.
Membership in each local PTA shall be made available by such local PTA without
regard to race, color, creed, or national origin, under such rules and
regulations, not in conflict with the provisions of the Bylaws of the National
PTA, as may be prescribed in the Bylaws of the local PTA, to any individual who
subscribes to the Objects and basic policies of the National PTA.
**Section 3. This
PTA shall conduct an annual enrollment of members, but may not admit persons to
membership at any time.
**Section 4. Each
member of this local PTA shall pay such annual dues to said organization as may
be prescribed by the organization. The amount of such dues shall include the
portion payable to the Ohio PTA (the “state portion”) and the portion payable
to the National PTA (the “national portion”).
**Section 5. The
amount of the Ohio PTA’s portion of each members dues shall be determined by
the Ohio PTA. The national portion of each members dues shall be (1) one dollar
per annum.
#Section 6. The
Ohio PTA portion of each members dues shall be one dollar and seventy five
cents ($1.75) per annum. 1 PROVISO
1 Proviso: The dues will be $1.50 in
1995-1996 and $1.75 in the 1997-1998 year.
Section 7. Each
member of this local PTA shall pay annual dues of ___($3.00)____ to the
organization. The amount of annual dues shall include the local PTA portion,
the portion payable to the Ohio PTA and the portion payable to the National
PTA.
#Section 8. Each
local PTA shall issue, upon payment of dues, membership cards which shall be
valid until the expiration date shown on the card. A membership card is not
interchangeable between PTAs or schools and does not confer membership on more
than one individual.
#Section 9. Only
members in good standing of the association shall be eligible to participate in
its business meetings or to serve in any of its elective or appointive
positions.
**Section 10. The
state and national portions of the dues paid by each member of this local PTA
shall be set aside by this local PTA and remitted to the Ohio PTA through such
channels and at such times as the state Bylaws my provide. Each state PTA shall
pay to the National PTA the amount of the national portion of dues paid by all
members of the local PTA’s in its areas.
#Section 11. Dues
from the local PTA shall be submitted to the Ohio PTA office monthly with the
initial payment due no later than November 30. Local PTA’s who have withheld
the initial payment of dues later than December 31 shall be a local PTA as not
in good standing.
Section 12. Local
PTA dues shall be accompanied by a list of unit members. Dues received after
November 30 shall be forwarded monthly.
#Section 13. Local
PTA’s not in good standing by:
a.
December
31:
1.
Shall
not be eligible for awards.
2.
Shall
have their unit removed from the mailing list of the Ohio PTA until dues are
submitted.
3.
Shall
pay a $20 reinstatement fee when dues are remitted.
b.
January
31:
1.
Shall
not be eligible to participate in the Reflections Program.
c.
March
15:
1.
Shall
be considered inactive.
2.
Shall,
provided due dates are paid by the end of the fiscal year, be eligible to send
only non-voting delegates to the Ohio PTA Convention.
Article VII: OFFICERS AND
THEIR ELECTION
**Section 1. Each
officer shall be a member of this local PTA.
Section 2. Officers
and their elections:
#a.
A local PTA shall elect officers, including a president, one or more vice
presidents, one or more secretaries, a treasurer and, if in a council, council
delegates and alternates at its election meeting to be held annually in the
month of ___May___.
b. There shall be __3___ delegates and ___3___
alternates to council.
c.
Officers,
delegates and alternates shall be elected by written ballot annually in the
month of ___May___. However, if there is but one nominee for any elective
position, the vote for that position may be by voice.
d.
Officers,
delegates and alternates shall assume their official duties following the close
of the (annual) __school year_ meeting in (month) ___ June *___ and shall serve
for a term of ___1___ year(s) or until the election of their successor.
e.
A
person shall not be eligible to serve more than two (2) consecutive terms in
the same office. A person who has served more than half of a term shall be
credited with having served that term.
*Section 2, d. Officer will assume their
official duties June 30th. Thus allowing a transitional time for
officers to exchange procedure books and PTA materials to their successor.
Section 3.
Nominating Committee
a.
There
shall be a nominating committee composed of ___5___ members, (an uneven number,
no less than three) ___2___ of whom shall be elected by the executive board
from its body, and ___2___ of whom shall be elected by the association at a
general PTA meeting at least one (1) month prior to the election. The committee shall elect its own chairman.
The unit may provide for alternates. The President shall not serve on this
committee. And 1 shall be the principal or his designee.
b.
The
nominating committee shall nominate one (1) eligible person for each office to
be filled, ___3___ delegates and ___3___ alternates to council and report its
nominees at the regular ___Richard Avenue___ PTA meeting in (month)___May___ at
which time additional nominations may be made from the floor.
c.
Only
those persons who have signified their consent to serve, if elected, shall be
nominated for or elected to such offices.
Section 4.
Vacancies:
A vacancy occurring
in any elective position shall be filled fro the unexpired term by a person
elected by a majority vote of the remaining members of the executive board,
notice of such election having been given. In case a vacancy occurs in the
office of President, the first vice president shall serve notice of the
election.
Article VIII: DUTIES OF
OFFICERS
Section 1. The
President shall:
a.
preside
at all meetings of the association;
b.
perform
such other duties as may be prescribed in these Bylaws or assigned by the
association;
c.
be a
member ex officio of all committees except the nominating committee;
d.
coordinate
the work of the officers and committees of the association in order that the
Objects may be promoted.
Section 2. The vice
president(s) shall:
a.
act as
aide(s) to the president;
b.
In
their designated order perform the duties of the president in the absence or
inability of that officer to serve.
Section 3. The
secretary shall:
a.
record
the minutes of all meetings of the association;
b.
have a
current copy of the Bylaws;
c.
maintain
a membership list;
d.
perform
other delegated duties as assigned.
Section 4. The
treasurer shall:
#a.
Secure a non-profit institutional fidelity bonding policy. The expenditure
involved in securing the bond is a legitimate expense for the local PTA.
#b.
Keep the record of National PTA and Ohio PTA portion of the membership dues
separate from the record of the general funds of the local PTA.
#c.
Forward the National PTA and the Ohio PTA portion of the membership dues to the
Ohio PTA office in
#d.
At least once a year, submit financial books and records fro audit.
e.
Have
custody of all funds of the association.
f.
Keep a
full and accurate account of receipts and expenditures;
g.
Make
disbursements as authorized by the president, executive board, or association
in accordance with the budget adopted by the association;
h.
Present
a financial statement at every meeting of the association and at other times
when requested by the executive board;
i.
Be
responsible for the maintenance of such books of account and records as conform
to the requirements of ARTICLE V, Section 6, and Section 13 of these Bylaws.
j.
Have
the accounts examined annually or upon change of officer by an auditor or an
auditing committee of not fewer than three members, who, satisfied that the
treasurer’s annual report is correct, shall sign a statement of that fact at
the end of the report. The auditing committee shall be appointed by the
executive shall be appointed by the
executive board at least two (2) weeks before the annual meeting.
Section 5. Local
PTA delegates (or their alternates) to council shall attend the meetings of
(Name) ___South-Western___ Council of PTA and shall report to the association.
Section 6. All
officers shall:
a.
Perform
the duties prescribed in the parliamentary authority in addition to those
outlined in these Bylaws and those assigned from time to time.
b.
Deliver
to their successors all official material no later than fifteen (15) days
following the election of their successor, by the close of the school year, or
upon resignation.
Article
IX: EXECUTIVE BOARD 1
**Section 1. A PTA
member shall not serve as a voting member of a constituent organization’s board
at the local, council, district, state, or national level while serving as a
paid employee of or under contract to, that constituent organization.
Section 2. The
executive board shall consist of the officers of the association, delegates to
council (if local PTA unit is in council membership), the chairmen of standing
committees, and the principal of the school or a representative appointed by
him. The members of the executive board shall serve until the election of their
successors.
Section 3. The
duties of the executive board shall be:
a.
To
transact necessary business in the intervals between regular association
meetings and such other business as may be referred to it by the association.
b.
To
create standing committees. Standing Committee chairmen are selected by
officers.
c.
To
approve the plans of work of the standing committee.
d.
To
present a report at the regular meetings of the association.
e.
TO
appoint an auditor or an auditing committee at least two (2) weeks before the
annual meeting at audit the treasurer’s accounts.
f.
To
prepare and submit to the general association for approval a budget for the
fiscal year.
g.
To fill
vacancies in elective and appointive positions.
Section 4. Meetings
of the executive board shall be help monthly during the school year, the time
to be fixed by the board at its first meeting of the year. A majority of the
executive board members shall constitute a quorum. Special meetings of the
executive board may be called by the President or by a majority of the members
of the board, ___2___ days’ notice being given.
1 (A
unit may desire to include an executive committee, which requires a separate
ARTICLE. This committee is composed of elected officers, See Robert’s Rules
of Order Newly Revised, pg.475 in the 1990 edition.)
Article X: MEETINGS
Section 1. Regular meetings
of the association shall be held on (day of the week) ___2nd
Tuesday___ of each month during the school year, unless otherwise provided by
the association or by the executive board, (number) ___5___ days’ notice having
been given of the change date.
Section 2. Special
meetings of the association may be called by the president or by the majority
of the executive board, (number) ___5___ days’ notice haven been given. No
other business than that business which is stated in the call shall be
transacted at this meeting.
Section 3. The
annual meeting shall be in (month)___May___ at which time the officers and
chairmen shall submit yearly reports.
Section 4. (Number)
___5___ members, at least two (2) of whom are officers, shall constitute a
quorum for the transaction of business in any meeting of the association.
Section 5. The
privilege of holding office, introducing motions, debating and voting shall be
limited to members of the association whose current dues are paid.
Section 6. This
local PTA shall be entitled to be represented at the annual Ohio PTA convention
by the President or his representative, and accredited delegates, provided the
local PTA’s dues are paid by March 15. (
Section 7. This
local PTA shall be entitled to be represented at the District ___10___
Conference. (Insert Ohio PTA district number)
Article XI: STANDING AND
SPECIAL COMMITTEES
#Section 1. Only
members in good standing of the association shall be eligible to participate in
its business meetings or to serve in any of its elective or appointed
positions.
Section 2. Standing
Committees
a.
The
executive board may create such standing committees as it deem necessary to
promote the Objects and carry on the work of the association.
b.
The
chairman of the standing committees shall be selected by the executive
committee (or board).
c.
The
term of each chairman shall be __(1)___ year(s) or until the selection of his
successor.
Section 3. The
chairman of each standing committee shall present a plan of work to the
executive board for approval. No committee work shall be undertaken without the
consent of the executive board.
Section 4. The
authority to form special committees and appoint their members rests within the
association.
Section 5. The
president shall be an ex-officio member of all committees except the nominating committee. An ex-officio member has
the right to make motions, debate and vote but is not counted in the quorum.
Section 6. A
majority of the members of the committee shall constitute a quorum.
Article XII: COUNCIL
MEMEBERSHIP
#Section1. A
council may be organized for the purpose of conference and cooperation in
matters of common interest, and shall admit only local PTAs in membership with
the National PTA and the Ohio PTA. (See Ohio PTA Bylaws, ARTICLE XXI, Councils)
(Applies only to
local PTAs holding membership in a council of PTAs, and must correspond to
council Bylaws.)
Section 2.
a.
This
local PTA shall be represented in meetings of the (Name) ___South-Western___
Council of Parent Teacher Associations by the president or first vice president
as his representatives, the principal or his representative and by (number)
___3___ delegates or their alternates. All representatives to a council must be
members of a local PTA.
b.
Delegates
and their alternates shall be chosen by election in (month) ___May___.
c.
Delegates
to the __South-Western__ Council of PTAs shall serve for a term of 1 year (s).
Section 3. This local
PTA shall pay annual dues to the (name)
___South-Western___ PTA Council as provided in the council’s Bylaws.
#Article XIII: FISCAL YEAR
The fiscal year of
the Ohio PTA, local PTAs and councils shall be from July 1 through June 30.
**Article XIV: PARLIMENTARY
AUTHORITY
The rules contained
in the current edition of Robert’s Rules of Order Newly Revised shall
govern the National PTA and its constituent organizations in all cases in which
they are applicable and in which they are not in conflict with these Bylaws,
the Bylaws of the Ohio PTA, and the Bylaws of the National PTA, or the Articles
of Incorporation.
Article: XV: AMENDMENTS
#Section 1. This
local PTA may amend Bylaws at any regular meeting of the association by a two
thirds (2/3) vote of the members present and voting, provided that notice of
the proposed amendment shall have been given at the previous meeting and that
the proposed amendment shall be subject to approval of the Ohio PTA.
#Section 2. This
local PTA may appoint a committee to submit a revised set of Bylaws as a
substitute for the existing Bylaws only by a majority vote at a meeting of the
association, or by a two thirds (2/3) vote of the executive board. The
requirement for adoption of a revised set of Bylaws shall be the same as in the
case of amendment.
**Section 3. The
adoption of an amendment to any provision of the Bylaws of the National PTA
identified by a double star shall serve automatically and without the
requirement of further action by the local PTA to amend correspondingly the
Bylaws of each local PTA. Notwithstanding the automatic character of the
amending process, the local PTAs shall promptly incorporate such amendments in
their respective Bylaws.
#Section 4. All
revisions and amendments to the local PTAs Bylaws shall be submitted for
approval to the Ohio PTA Bylaws Commissioner. The adoption of an amendment to
any provision of these Bylaws identified by a double star and # symbol shall
serve automatically and without the requirement of any further action by the
local PTA at amend correspondingly the Bylaws of each local PTA. The local PTA
shall promptly incorporate such amendments to their respective Bylaws.