Bylaws
Bylaws
Bylaws of the
May Street Elementary School
Parent Teacher Organization
Article 1: Name
The name of this organization shall be the May Street Elementary School Parent Teacher Organization (PTO).
Article 2: Purpose
The May Street PTO's mission is organized exclusively as a charitable organization under section 503(c)(3) of the Internal Revenue Code is to strengthen, enhance and encourage the educational and social environment of May Street Elementary School.
To achieve this mission the PTO shall:
Complement the school curriculum with additional resources.
Provide opportunities for parental involvement.
Promote communication between administration, teachers, parents, and students.
The achievements of the May Street PTO can be measured in the cooperative spirit in which parents and staff work together to share concern and care for May Street students. The PTO’s success can be measured by student participation in the resources provided to them by the PTO.
Article 3: Policies
This organization shall neither seek to direct the administrative activities of the school nor to control its policies.
This organization may make suggestions to the administration concerning activities of the school, if such a suggestion is made toward the betterment of conditions for all concerned. (i.e., students, teachers, administrators, and parents).
Article 4: Membership
Any parent and/or legal guardian of a child enrolled and attending May Street Elementary School may participate in the PTO.
Any faculty and staff currently working at May Street Elementary School may participate in the PTO.
The principal shall be considered as a sitting advisor or consultant.
Any member shall have the privilege of making motions and serving on committees.
Members are not required to pay any dues.
Article 5: Officers and Elections
Section1. Officers. The officers of this organization shall be a president, vice president, secretary, and treasurer.
President. The president shall preside over meetings of the organization and executive board, serve as the primary contact for the principal, represent the organization at meetings outside the organization, serve as an ex officio member of all committees except the nominating committee, and coordinate the work of all the officers and committees so that the purpose of the organization is served.
Vice President. The vice president shall assist the president and carry out the president’s duties in his or her absence or inability to serve.
Secretary. The secretary shall keep all records of the organization, take and record minutes, prepare the agenda, handle correspondence. The secretary also keeps a copy of the minutes book, bylaws, rules, membership list, and any other necessary supplies, and brings them to meetings.
Treasurer. The treasurer shall receive all funds of the organization, keep an accurate record of receipts and expenditures, and pay out funds in accordance with the approval of the general membership of the PTO as determined by majority vote or of the executive board. He or she will present a financial statement at every meeting and at other times of the year when requested by the executive board, and make a full report at the end of the year.
Additional member positions may be added as needed including but not limited to Co-Vice President and Member at Large.
This organization will not discriminate in providing services, hiring employees, or otherwise, on the basis of gender, race creed, marital status, sexual orientation, religion, color, age, national origin, disability, or familial status.
Section 2. Nominations and Elections. Elections will be held at the second to last meeting of the school year. The nominating committee shall select a candidate for each office and present the slate at a meeting held one month prior to the election. At that meeting, nominations may also be made from the floor. Voting shall be by voice vote if a slate is presented. If more than one person is running for an office, then a ballot vote shall be taken.
Section 3. Eligibility. Any eligible member of PTO is eligible for office. Only those who have consented to serve shall be eligible for nomination either by committee or from the floor.
Section 4. Terms of Office. A person shall not be eligible to serve more than two (2) consecutive one (1) year terms in the same office. Each person elected shall hold only one office at a time. Officers shall assume their official duties at the close of the current school year of their election.
Section 5. Vacancies. If there is a vacancy in the office of president, the vice president will become the president. At the next regularly scheduled meeting, a new vice president will be elected. If there is a vacancy in any other office, members will fill the vacancy through an election at the next regular meeting.
Section 6. Removal From Office. Officers can be removed from office with or without cause by a two-thirds vote of those present (assuming a quorum) at a regular meeting where previous notice has been given.
Article 6: Meetings
Meetings will generally be run according to Robert's Rules of Order.
The regular meeting of the organization shall meet monthly during the school year. Should a meeting date occur when school is not in session, the meeting will be rescheduled in the same month. If school is canceled (e.g. due to snow day), then the meeting is automatically rescheduled.
Meeting dates and times can be changed at any time by a majority vote of the members present or by the executive board.
The PTO will approve the schedule, the days and times for the next school year, at the end of the prior school year and after the new calendar is available.
A majority vote of board members present at any meeting shall be required for any and all action(s) to be taken by the PTO.
These bylaws may be amended at any PTO meeting by a majority vote of the board members present.
Article 7: Executive Board
Section 1:Membership. The Executive Board shall consist of the officers.
Section 2: Duties. The duties of the Executive Board shall be to transact business between meetings in the preparation for the general meeting, create standing rules and policies, create standing and temporary committees, prepare and submit a budget to the membership, approve routine bills, and prepare reports and recommendations to the membership.
Section 3: Meetings. Meetings will be held as necessary and may be called by any board member.
Section 4: Quorum. Half the number of board members plus one constitutes quorum.
Article 8: Committees
Section 1. Membership. Committees may consist of members and board members, with the president acting as an ex officio member of all committees.
Section 2. Standing Committees. The following committees shall be held by the organization: Fundraising, Hospitality, Membership, Communications, Enrichment, Nominating, and Auditing.
Section 3. Additional Committees. The board may appoint additional committees as needed.
Article 9: Finances.
A tentative budget shall be drafted in the fall for each school year and approved by a majority vote of the members present.
The treasurer shall keep accurate records of any disbursements, income, and bank account information.
A two-thirds vote by the membership or the executive board will be required approval for all expenditures of the organization.
The treasurer shall prepare a financial statement at the end of the school year, to be reviewed by the audit committee.
$1200 will be contributed annually to the May Street School Ted Webber Scholarship.
Upon the dissolution of the organization, after paying debts of the organization, the remaining assets shall be donated to the HR county education foundation fiduciary earmarked for May Street Elementary School.
The fiscal year shall coordinate with the school year.
Article 10: Dissolution. The organization may be dissolved with previous notice (14 calendar days) and a two-thirds vote of those present at the meeting. Upon the dissolution of this organization, assets shall be distributed for May Street Elementary exempt purposes within the meaning of Section 501(c)(3) of the internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.
Article 11: Amendments. These bylaws may be amended at any regular or special meeting, providing that previous notice was given at the prior meeting and then sent to all members of the organization. Notice may be given by postal mail, e-mail, or fax. Amendments will be approved by a two-thirds vote of those present, assuming a quorum.
Article 12: Conflict of Interest Policy.
Section 1: Purpose
The purpose of the conflict of interest policy is to protect this tax-exempt organization’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.
Section 2: Definitions
a. Interested Person. Any director, principal officer, or member of a committee with governing board-delegated powers who has a direct or indirect financial interest, as defined below, is an interested person.
b. Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
i. An ownership or investment interest in any entity with which the organization has a transaction or arrangement;
ii. A compensation arrangement with the organization or with any entity or individual with which the organization has a transaction or arrangement; or
iii. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the organization is negotiating a transaction or arrangement. “Compensation” includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.
A financial interest is not necessarily a conflict of interest. Under Section 3b, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
Section 3: Procedures
a. Duty To Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board-delegated powers who are considering the proposed transaction or arrangement.
b. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide whether a conflict of interest exists.
c. Procedures for Addressing the Conflict of Interest.
i. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
ii. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
iii. After exercising due diligence, the governing board or committee shall determine whether the organization can obtain, with reasonable efforts, a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
iv. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall
determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, it shall make its decision as to whether to enter into the transaction or arrangement.
d. Violations of the Conflicts of Interest Policy.
i. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
ii. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines that the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.
Section 4: Records of Proceedings.
The minutes of the governing board and all committees with board delegated powers shall contain:
a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest; the nature of the financial interest; any action taken to determine whether a conflict of interest was present; and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement; the content of the discussion; including any alternatives to the proposed transaction or arrangement; and a record of any votes taken in connection with the proceedings.
Section 5: Compensation.
a. A voting member of the governing board who receives compensation, directly or indirectly, from the organization for services is precluded from voting on matters pertaining to that member’s compensation.
b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the organization for services is precluded from voting on matters pertaining to that member’s compensation.
c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the organization, either individually or collectively, is prohibited from providing information to any committee regarding compensation.
Section 6: Annual Statements.
Each director, principal officer, and member of a committee with governing board-delegated powers shall annually sign a statement which affirms that such person:
• Has received a copy of the conflict of interest policy;
• Has read and understood the policy;
• Has agreed to comply with the policy; and
• Understands that the organization is charitable and that in order to maintain its federal tax-exempt status it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.
Section 7: Periodic Reviews.
To ensure that the organization operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following subjects:
a. Whether compensation arrangements and benefits are reasonable, are based on competent survey information, and are the result of arm’s length bargaining.
b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the organization’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes, and do not result in inurement, impermissible private benefit, or an excess benefit transaction.
Section 8: Use of Outside Experts
When conducting the periodic reviews as provided for in Section 7, the organization may, but need not, use outside advisers. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring that periodic reviews are conducted.
These bylaws were adopted by a majority vote during a meeting properly called on
June 5th, 2018.
To view the official document, please visit https://docs.google.com/document/d/1qqYd9huDCyNBXDVZ5d1Y14d5SX90YFL91EP8keOnSqM/edit?ts=5de9ab1f