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for SOTA PTSA websitePROCEDURES FOR BYLAWS REVIEW
Standard bylaws are updated and reprinted at least once
a year. The cover sheet color changes at least once during every two‑year
term. Current bylaws are available for purchase from the Catalog of PTA Materials. Many PTA
districts and councils also maintain a supply of bylaws for purchase.
REVIEW PROCESS
·
The
president appoints a bylaws review committee (3‑5 people) chaired by the
parliamentarian.
·
Using
the "Instructions for Completing the Standard Bylaws" (page ii) the
committee reviews the bylaws to see if any changes are necessary and then
completes a set of the most current edition
of Bylaws for Local PTSA Units.
·
The
parliamentarian consults with the council or district PTA parliamentarian
regarding how to complete a selection or make a desired change.
·
The
committee prepares a detailed list, of proposed amendments.
·
The
committee presents to the executive board the recommendation that no changes be
made or the list of proposed amendments.
·
The
executive board votes and the outcome is recorded in
the minutes.
·
The
parliamentarian keeps one copy of the bylaws for reference.
·
The
parliamentarian submits the detailed list along with five (5) copies of the
bylaws through council and PTA district channels to the California State PTA
parliamentarian. Out of council units submit directly to the PTA district.
[NOTE: Please verify with the district PTA how many copies to send.]
WHEN
BYLAWS ARE RETURNED:
·
The
California State PTA parliamentarian returns signed bylaws to the unit through
district and council PTA channels.
·
An
association meeting is scheduled to adopt the amendments to the bylaws. Members
must be notified of the meeting at least thirty (30) days in advance and a list
of the proposed amendments must be included with the notice. [NOTE: If the only
change is to update to the most current edition of the standard bylaws, a vote
by the association is not necessary but the return of the signed bylaws from
the California State PTA is noted in the executive board minutes.
·
A
two‑thirds (2/3) vote of the association membership is required to adopt
the amendments.
·
After
the association adopts the amendments, the secretary signs and dates the three
(3) master copies of the bylaws, which are kept by the president, secretary and
parliamentarian.
·
Additional
copies of the bylaws are made for the procedure books of each member of the executive
board, including, the principal.
UNSIGNED
BYLAWS
If the bylaws are returned by the California State PTA
parliamentarian unsigned, the PTA must make the required changes and resubmit
the bylaws through channels.
INSTRUCTIONS FOR COMPLETING
THE STANDARD BYLAWS
The current standard bylaws MUST be used when submitting
bylaws for approval. The
State PTA prints the date on the front cover and at the
bottom of each page. USING OUTDATED STANDARD BYLAWS MAY BE CAUSE FOR THE BYLAWS
TO BE RETURNED UNSIGNED.
Bylaws may be modified to meet the needs of the unit,
but because they are a legal document, additions and/or changes must be written
legibly in blue or black ink or typed. Bylaws completed in pencil, black marker
or any other color ink will not be accepted. RETYPED OR COMPUTER PRINTOUTS OF
BYLAWS WILL NOT BE ACCEPTED. The standard bylaws may be photocopied using a
double‑sided format. All blanks must be completed. Do not use a slash or
an x to strike.
1. DO NOT ALTER OR CHANGE ANY ARTICLES OR
SECTIONS WITH STARS.
Authority for the articles and sections marked with stars is from the National
PTA Bylaws and the California State PTA Bylaws (***), and shall be included in
all unit bylaws.
2. Several sections refer to information in the Guidebook of the California State PTA and
MAY NOT BE ALTERED. They are policies or procedures of the California State
PTA.
3. Words in italics indicate certain optional provisions and
SHOULD BE LINED OUT when not applicable. To line out, neatly draw a single
straight horizontal line through each word and/or sentence which does not
apply. Do not use white‑out or a wide‑tipped marker.
4. Words in brackets [ ] are for information or directions only. Line out words following or beneath a blank which give directions,
e.g., ______________ [month].
5. Use the association's full legal PTA or PTSA name (which is on the
charter) on the cover and in ARTICLE 1: Selena Sloan Butter PTA not
6. Spell out all words; do not use
abbreviations, e.g., Sept ‑ September; 2nd - second; VP ‑
vice president.
7. Write numbers
as words and place figures in parenthesis, e.g., one (1); twenty (20).
8. The following
articles and sections require special attention:
·
Article
IV, Section 4 ‑ Consult with council/district parliamentarian regarding
family memberships.
·
Article
V, Section 3g and Section 7 must state a specific month; Section 8 must state
an exact date.
·
Article
V, Section 3a must agree with Article V, Section 7 and Article VU, Section I
and 2.
·
Article
VI, Section 4 and Section 5 ‑ If there is only one secretary, combine
these sections and renumber subsequent sections.
·
Article
VI, Section 8d must agree with association meeting months in Article VII,
Section 1.
·
Article
VII, Section 2 must agree with Article V, Section 3c, and Section 7 and Article
VII, Section 1.
·
Article
VII, Section 5b ‑ The minimum quorum for an
association meeting is eleven (11).
·
Article
VIII, Section 7b ‑ The quorum for an executive
board meeting is based on the number of executive board members (majority = 1/2
+ 1 to the next uneven number).
·
Article
X ‑ Consult with council parliamentarian to verify agreement with council
bylaws.
BYLAWS FOR LOCAL PTAs OR PTSAs
INSTRUCTIONS FOR COMPLETING THE STANDARD BYLAWS
**ARTICLE III ‑ BASIC POLICIES
ARTICLE IV ‑ MEMBERSHIP AND DUES
ARTICLE V ‑ OFFICERS AND THEIR ELECTION
ARTICLE VI ‑ DUTIES OF OFFICERS
ARTICLE VII ‑ ASSOCIATION MEETINGS
ARTICLE VIII ‑ EXECUTIVE BOARD
ARTICLE XI ‑ CHARTER PROCEDURE
ARTICLE XII ‑ RELATIONSHIP WITH NATIONAL
PTA AND CALIFORNIA STATE PTA
**ARTICLE XIII ‑ ARTICLES OF ORGANIZATION
ARTICLE XIV ‑ FISCAL YEAR AND
IDENTIFICATION NUMBERS
**ARTICLE XV ‑ PARLIAMENTARY AUTHORITY
BYLAWS
ARTICLE I ‑ NAME
The name of this association is
the School of the Arts Parent‑Teacher‑Student Association, located
in the city of
**ARTICLE II ‑
PURPOSES
SECTION 1.
The Objects of this
association, in common with the Objects of the National PTA and the California
State 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
the 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 will secure for all children and youth the
highest advantages in physical, mental, social and spiritual education.
SECTION 2.
The Objects of this association
are promoted in cooperation with the National PTA and the California State PTA
through an educational program directed toward 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 III.
SECTION 3.
This association 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 III ‑ BASIC
POLICIES
The following are basic policies
of the National PTA, the California State PTA and this association:
a. The organization shall be noncommercial, nonsectarian and nonpartisan.
b. The organization or members in their official
capacities shall not endorse a commercial entity or engage in activities not
related to promoting the Objects of the organization.
c. The organization or members in their
official capacities 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 process establishing school policy,
recognizing that the legal responsibility to make decisions has been delegated
by the people to boards of education, state education authorities, and local
education authorities.
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
California State PTA or any of its divisions may cooperate with other
organizations and agencies concerned with child welfare, but a PTA
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 II 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 501(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
nonprofit funds, foundations, or organizations which have established their tax
exempt status under Section 501(c)(3) of the Internal Revenue Code.
ARTICLE IV ‑
MEMBERSHIP AND DUES
**SECTION I.
Every individual who is a member
of this PTSA is, by virtue of that fact, a member of the National PTA and of the
California State PTA by which this local PTSA is chartered, and is entitled to
all benefits of such membership.
**SECTION 2.
Membership in this PTSA shall be
made available by such local PTSA, without regard to race, color, creed or
national origin, under such rules and regulations not in conflict with the
provisions, the Bylaws of the National PTA or the Bylaws of the California
State PTA, as may be prescribed in the bylaws of this local PTSA, to any
individual who subscribes to the Objects and basic policies of the National
PTA.
**SECTION 3.
The PTSA shall conduct an annual
enrollment of members but may admit persons to membership at any time.
a. Current members Definition: Members of the association shall have
paid the annual dues or received a waiver of the portion of the dues payable to
the PTSA. All members shall have paid the District PTA and National PTA portion
of the annual dues.
SECTION 4.
Each member of the association
shall pay annual dues per member (also means per capita) to the association in
an amount sufficient to cover the dues payable to the National PTA plus the
dues payable to the California State PTA plus the dues payable to the association.
The dues payable to the association
shall be established annually at the General Membership meeting in May by a
vote of the association membership.
**a. Such annual
dues shall include the portion of one dollar and twenty‑five cents
($1.25) per member payable to the National PTA.
***b. Such annual
dues shall include the portion of one dollar and twenty‑five cents
($1.25) per member payable to the California State PTA.
c. Such annual dues shall include the portion
of fifty cents ($.50) per member payable to the District PTA.
e. The remainder shall constitute the local
portion of each member's dues and shall remain in this PTSA.
The amounts payable to the
National PTA, California State PTA, and District PTA shall be adjusted in
accordance with notification to association by the National PTA, California
State PTA, and/or District PTA.
**SECTION 5.
The national and state portions
of the dues paid by each member to this PTSA shall be set aside by this PTSA
for the National PTA and the California State PTA and remitted through district
financial officers as provided for in the state bylaws.
SECTION 6.
The first remittance of
district, state and national portions of the dues paid by each member to this
PTSA shall be remitted to the district by December 1. Thereafter dues shall be
remitted monthly in accordance with district and state bylaws.
SECTION 7.
Remittances shall be accompanied
by a statement showing the name and location of this PTSA, the amounts payable
to District, State, and National PTAs respectively, and the number of members
included on this remittance statement.
SECTION 8.
If this PTSA fails to forward
that portion of its per capita dues by December 1, it forfeits representation
at district meetings until the amount has been paid.
ARTICLE V ‑ OFFICERS
AND THEIR ELECTION
**SECTION 1.
Each officer or board member of
this PTSA shall be a member of this PTSA.
SECTION 2.
Officers
of this association shall be a president, a secretary, a treasurer, a Vice
President of Communications and up to six additional vice presidents. These
officers shall be elected annually.
SECTION 3.
**
a. Nominations for office shall be made
by a nominating committee which shall be elected by the association.
b. The executive board will nominate a
nominating committee slate to be voted upon by the association at a general
membership meeting at least two months prior to the annual election meeting. At
that general membership meeting, additional nominations must be called for from
the floor. The committee shall serve until the annual election meeting.
c. The nominating committee shall be composed of
three (3) members, with two ( 2) alternates, all of
whom shall be members of this PTSA. The principal of the school, or a faculty
representative appointed by the principal, if not an elected member of the
committee, shall serve in an advisory capacity. The president shall not serve
ex officio or be elected to the nominating committee. The committee shall elect
its own chairman and set its first meeting to comply with the timelines set out
in this Section 3.
d. Alternates shall attend meetings as observers.
In the event an elected member cannot be present at a meeting, the alternate
becomes the permanent member, replacing the elected member until such time as
the committee is discharged of its duties at the time of election.
e. Immediately upon its election the nominating
committee shall meet with the parliamentarian or other party designated by the executive
board to set the date of its first meeting.
f. The report of the nominating committee shall
be submitted to the membership at a general membership meeting at least thirty
(30) days prior to the annual election meeting, and additional nominations must
be called for from the floor.
- Prior to the annual election meeting, the
nominating committee shall verify that each nominee is eligible to hold
office and has consented to serve if elected. Ballots will be distributed
at the May general membership meeting.
SECTION 4.
a. Only those persons who are eligible and who
have signified their consent to serve if elected shall be nominated for or
elected to office.
b. Nominees shall not be related by blood or
marriage or reside in the same household.
***SECTION 5.
The privilege of holding office
shall be limited to members of the association whose dues are paid and who have
been members of the association for at least thirty (30) days previous to
nomination.
SECTION 6.
The privilege of nomination and
election to office for the ensuing year in this PTSA may be extended to
individuals who are a parent and/or guardian of a student enrolled at School of
the Arts for the period of office to be served and who pay dues to this PTSA in
order to qualify as a member at the time of assuming office.
SECTION 7.
Election
shall be held by ballot at the annual election meeting no later than the May
meeting. If there is but one nominee for any office, the ballot for that office
may be dispensed with and
the election held by voice vote.
SECTION 8.
Officers shall serve for a term
of one year or until their successors are elected. No person shall be eligible for
the office of President for more than two consecutive terms or hold more than
one elected office at a time. Officers shall assume their duties on June 1. A
person who has served in an office for more than six months of a school term
shall be deemed to have served a full term in such office.
SECTION 9.
The president‑elect shall
be entitled to be a delegate to the annual California State PTA Convention. An
alternate and all other delegates that the association is entitled to shall be
elected at an association meeting at least thirty (30) days prior to the convention.
(
SECTION 10.
The president‑elect may
call meetings as necessary of the officers‑elect and the principal of the
school, or a representative appointed by the principal, to ratify the
appointments of appointed officers and chairmen and to make plans for the
coming year's work.
SECTION 11.
If an office remains unfilled
after election, it shall be considered a vacant office to be filled by the
board‑elect.
SECTION 12.
A vacancy occurring in
any office shall be filled for the unexpired term by a person elected by the executive
board. Election to fill a vacancy shall require a majority vote of the executive
board, with at least ten (10) days' previous notice. If notice is not given,
the election to fill the vacancy shall require a two‑thirds (2/3) vote.
The executive vice president shall serve notice of the election to the executive
board, in case a vacancy occurs in the office of president. (Refer to Article
VIII, Section 2e.)
ARTICLE VI ‑ DUTIES OF
OFFICERS
SECTION 1.
The president shall:
a. Coordinate the work of officers and
committees of the association in order that the Objects may be promoted.
b. Preside at all meetings of the association and the executive board.
c. Be a member ex officio of all committees
except the nominating committee.
d. Appoint a vice president to serve as
Executive Vice President.
e. Appoint the chairmen and members of
committees, subject to the ratification of the executive board.
f. May appoint elected officers to fulfill the
roles of historian, parliamentarian, and auditor respectively subject to the
ratification of the executive board.
g. Prepare the list of association officers and
chairmen required for directory data and submit through channels as directed by district.
h. Sign all authorizations for payment to be
made by the Treasurer.
i. Be responsible for preparing the unit annual report required by
the California State PTA.
j. Be the official representative of the unit at district meetings.
k. Approve all newsletters, flyers and/or
notices prior to distribution.
l. Have all contracts and/or legally binding
documents approved by the executive board prior to signing.
m. Not be related by blood or marriage or reside
in the same household as the other authorized signers for the association's
financial accounts.
n. Ensure that semi-annual financial audits are
performed in accordance with Article VI, Section 8, Duties
of Auditor.
o. Perform such other duties as may be
prescribed in these bylaws or assigned by the association.
SECTION 2.
The executive vice president
shall:
a. Serve as the primary aide to the president.
b. Perform, the duties of the
president in the absence or disability of that officer to act.
c. Perform
such other duties as may be prescribed in these bylaws or assigned by the
association.
SECTION 3.
The elected vice president(s)
shall act as aide(s) to the president and executive vice president. Elected
Vice President positions and the responsibilities of each shall be defined by
the executive board prior to the nomination of the nominating committee.
SECTION 4.
The secretary shall:
a. Keep an accurate record of the proceedings
of all meetings of the association and the executive board, which is the legal
record of this PTSA.
b. Be prepared to refer to minutes of previous
meetings.
c. Prepare a list of all unfinished business
for the use of the president.
f. Keep a current list of the paid members of
the association.
g. Keep a current copy of the bylaws, standing rules, and duties of
officers.
h. Perform such other duties as may be delegated to the secretary.
SECTION 5.
The Vice President of
Communications shall:
a. Conduct all necessary correspondence of the
association upon authorization of the president, executive board or
association.
b. Notify officers of their election and chairmen of their
appointments.
c. Send out notices of executive board meetings.
SECTION 6.
The treasurer shall:
**a. Keep such permanent books of account and
records as shall be sufficient to establish the items of gross income, receipts
and disbursements of the association, including specifically, the number of
members, the dues collected from the members and the amount of dues remitted
through channels to the California State PTA. Such books of account and records
shall at all reasonable times be open to inspection by an authorized
representative of the California State PTA or, where directed by the committee
on state and national relationships, by a duly authorized representative of the
National PTA.
b. Chair the budget committee and prepare the
budget for adoption by the association.
c. Receive all moneys for the association and
deposit same immediately in the name of the association in a bank approved by
the executive board.
d. Receive and retain a copy of the deposit slip
for any deposit made.
e. Pay all bills as authorized by the executive
board or the association and on receipt of authorization for payment signed by
the president and one other authorized signer.
***f. Secure two signatures on all checks. Any two
of the following are authorized to sign: president, treasurer and two other
officers to be designated by the executive board. The authorized signers shall
not be related by blood or marriage or reside in the same household.
g. Keep an accurate record of receipts and
disbursements which is a permanent record of this PTSA. All other financial
records must be retained for seven years including the current year.
h. Keep the membership informed of expenditures
as they relate to the budget adopted by the association.
i. Remit all district, State and National portions
of per capita dues monthly to the financial officer of the district.
j. Present a statement of account at every
meeting of the association and the executive board and at other times when
requested by the association.
k. Be responsible for filling out and forwarding
all necessary report forms required by the California State PTA for insurance
and for filing all tax returns and other forms required by government agencies.
1. Make an annual financial report to the
association which includes gross receipts and disbursements for the year.
(See Article XIV ‑ FISCAL
YEAR AND IDENTIFICATION NUMBER)
NOTE: Dishonesty bonding
insurance may require additional procedures.
SECTION 7.
The auditor shall:
*** a. Audit the books and
financial records of the association semiannually.
b.
Prepare a midyear audit to be completed in February. The year end audit shall
be completed by August.
(NOTE: The audit at the end of a
term is performed by the outgoing auditor.)
c. Present a written report to
the executive board by March and September meetings.
d. Present a written report for adoption by the association in April and
October meetings.
e. Audit the books upon resignation of the
treasurer and at any time deemed
necessary.
f.
Not
be related by blood or marriage or reside in the same household as the
financial officers and/or authorized signers of checks.
SECTION 8.
The historian shall:
a. Assemble and preserve a record of the
activities, achievements and volunteer hours of the association.
b. Act as custodian of records and other
materials pertinent to the history of the association.
c. Assist the president with the
preparation of the association's annual report required by the California State
PTA.
SECTION 9.
The parliamentarian shall:
a. Attend all meetings of the association and
of the executive board and give necessary advice in parliamentary procedure
when requested.
b. Call the first meeting of the nominating
committee, conduct election of chairman and give instructions in procedure, and
may be contacted for additional information, if needed, and shall attend
meetings of the nominating committee only if elected to serve as a member of
the committee.
c. Chair the bylaws committee and review bylaws and standing rules
annually.
SECTION 10.
Reports shall be compiled
annually by all officers, filed with the president.
SECTION 11.
When an officer fails to attend
three consecutive meetings without adequate excuse or when an officer is not
fulfilling the responsibilities of the office as prescribed in the bylaws or
standing rules, or engages in conduct which the executive board determines to
be injurious to the organization or its purposes, the executive board may by a
two‑thirds (2/3) affirmative vote declare the office vacant.
SECTION 12.
All officers shall perform the
duties outlined in these bylaws and those assigned from time to time. Upon the
expiration of the term of office or in case of resignation or termination, each
officer shall turn over to the president, without delay, all records, books and
other material pertaining to the office and shall return to the treasurer,
without delay, all funds belonging to the association.
ARTICLE VII ‑
ASSOCIATION MEETINGS
SECTION 1.
association meetings shall be held on the first Thursday of September, October, November, December, January, February, March, April, May, and June of the school year unless otherwise ordered by the association or the executive board. With the exception of the annual meeting, notice of any change in time or date of regularly scheduled meetings must be given in writing to the entire membership at least five (5) days in advance. E-mail notice and