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The state PTA requires local units to update their by-laws with them every
5 years to remain a PTA in good standing. This
year is our year at Dare Elementary. A
by-laws committee was formed and started to work late last year on this issue.
It was recommended by the State PTA that if there were more that
5 corrections to me made, then the local PTA should just rewrite their bylaws.
The State PTA did make it fairly easy with a fill in the blank form and
it was modified ever so slightly to accommodate our PTA here at Dare Elementary.
The purpose of this information is to inform the membership of the
changes. Many of the changes were
state mandated and are all marked with a # sign preceding the section it relates
to in the by-laws. Items
in bold print were written in or inserted into the text of the by-laws.
Here are the highlights of the information that was changed.
Page 1 - Dare Elementary
Parent Teacher Association and
York
County
was
inserted to identify
our local unit name.
Page 2 –Dare Elementary
Parent Teacher Association was again inserted.
Page 3, 4,5,6 – No changes, other than those mandated by the
Virginia State PTA.
*Page 7 - Membership dues were increased to $5.00 per member to cover increased costs
of state and national dues over the last few years.
*Page 8 – Our association shall consist of one vice president, election of officers shall be
in May, All officers except
the Treasurer assume their duties in June,
officers
shall serve a term of one year
or until there successors are elected but they can
only serve 2 consecutive terms. The
nominating committee shall be composed
of (3) three members and
shall be appointed by the PTA board at least 2
months prior
to the election of officers.
Page 9 & 10 - No changes, other than those mandated by the
Virginia State PTA.
Page 11 – (5) five days
notice shall be given to call an executive committee meeting.
Page 12 – Regular meeting will be held (7) seven times a year, (5)
five days notice shall
be given to call a special meeting, the
election meeting shall be held in May,
At least (25) twenty-five
members constitute a quorum.
Page 13 –
York
County
was
inserted to identify the local unit council, delegates for the
council are appointed in May,
and serve a term of (1) one-year.
Page 14 –
Peninsula
district
was inserted, and the terms for this PAT shall run from
July 01 and end on June 30.
Page 15 – No changes, other than those mandated by the Virginia
State PTA.
The two
biggest changes are one page 7 & 8. Dues
increase from $4.00 to $5.00 per member and that the nominating committee is
appointed by the board 2 months prior to elections.
The By laws were approved by the PTA board on
January 12, 2004
.
They will be submitted to the membership for vote on
February 27th, 2004
.
The by-laws will be posted on the
Dare
Elementary
school
web site and also posted on the PTA
board at the school. If you have any
questions, please contact me or any board member and they can answer your
question or get you to the right person that can.
Thanks for being a member of The Dare Elementary PTA.
Jimmy Richardson
By-laws Committee Chair 2003-2004
By-laws
LOCAL UNIT BYLAWS
#ARTICLE I: NAME
The name of this association is the Dare
Elementary Parent Teacher Association located in
York County
,
Virginia
. It is a local PTA
organized under the authority of the Virginia Congress of Parents and Teachers
(the Virginia PTA/PTSA), a branch of the National Congress of Parents and
Teachers (the National PTA).
**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 Dare Elementary
Parent Teacher Association, in common with those of the Virginia PTA/PTSA
and the National 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 the Virginia PTA/PTSA, the National PTA and the Dare
Elementary Parent Teacher Association are promoted 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 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 Dare
Elementary Parent Teacher Association in common with those of the Virginia
PTA/PTSA and the National PTA:
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 Virginia PTA/PTSA 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 distribution
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 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
non-profit funds, foundations, or organizations which have established their tax
exempt status under Section 501(c)(3) of the Internal Revenue Code.
ARTICLE V: RELATIONSHIP WITH
NATIONAL PTA AND VIRGINIA PTA/PTSA
#Section 1. Local PTA/PTSAs shall be organized and chartered under the authority of
the Virginia PTA/PTSA in the area in which the local PTA/PTSA functions, in
conformity with such rules and regulations, not in conflict with the bylaws of
the National PTA, as the Virginia PTA/PTSA may in its bylaws prescribe. The
Virginia PTA/PTSA shall issue to each local PTA/PTSA in its area an appropriate
charter evidencing the due organization and good standing of the local PTA/PTSA.
A local PTA/PTSA 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 Virginia PTA/PTSA to reach the
National Office by dates designated by the National PTA;
c.
Has bylaws approved according to the
procedures of the Virginia PTA; and
d.
Submits local unit officers form and
verification of local unit’s employer identification
number (EIN) to the state office immediately upon election of officers
and no later than
June 15 annually: and
e.
Meets other criteria as may be
prescribed by the Virginia PTA.
#Section 2. Each local PTA/PTSA shall adopt such
bylaws for the government of the
organization as may be approved by the
Virginia PTA/PTSA. Such bylaws shall not be in conflict with the bylaws of the
National PTA or the bylaws of the Virginia PTA/PTSA.
#Section 3. Bylaws of each constituent
organization shall include an article on amendments.
#Section 4. Each local PTA/PTSA 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 amounts of dues remitted to the Virginia PTA/PTSA. Such books
of account and records shall at all reasonable times be open to inspection by an
authorized representative of the Virginia PTA/PTSA or, where directed by the
committee on state and national relationships, by a duly authorized
representative of the National PTA.
#Section 5. The charter of a local PTA/PTSA
shall be subject to withdrawal and the status of such organization as a PTA/PTSA
unit shall be subject to termination, in the manner and under the circumstances
provided in the bylaws of the Virginia PTA/PTSA.
#Section 6. Each local PTA/PTSA is obligated
upon withdrawal of its charter by the Virginia PTA/PTSA:
a.
to
yield up and surrender all of its books and records and all of its assets and
property to
the
Virginia PTA/PTSA or to such agency as may be designated by the
Virginia
PTA/PTSA
or to another local PTA/PTSA organized under the authority of the
Virginia
PTA/PTSA;
b.
to cease and desist from the further
use of any name that implies or connotes association
with
the National PTA or the Virginia PTA/PTSA or status as a constituent
organization
of
the National PTA; and
c.
to carry out promptly, under the
supervision and direction of the Virginia PTA/PTSA, all
proceedings necessary or desirable for the purpose of dissolving such
local PTA/PTSA.
#Section 7. Each officer or board member of a
local PTA/PTSA shall be a member of such local
PTA/PTSA.
#Section 8. Each officer or board member of a
constituent organization shall be a member of a local PTA/PTSA within its area.
#Section 9. A PTA/PTSA member shall not serve as
a voting member of a constituent organization's board at the local, council,
district, region, state or national level while serving as a paid employee of,
or under contract to, that constituent organization.
#Section 10. Each local PTA/PTSA shall collect
dues from its members and shall remit a portion of such dues to the Virginia
PTA/PTSA as provided in Article VII hereof.
#Section 11. Only members of a local PTA/PTSA who
have paid dues for the current membership year may participate in the business
of that association.
#Section 12. Bylaws of each constituent
organization shall include a provision establishing a quorum.
#Section 13. The members of the nominating
committee for officers of a constituent organization shall be elected by the
membership, Board of Directors/Managers, Executive Board, or Executive
Committee.
#Section 14. The bylaws of all constituent
organizations shall prohibit voting by proxy, (unless proxy voting is specified
by applicable state law).
#Section 15. Each local PTA/PTSA shall include in
its bylaws provisions corresponding to the
provisions of such of the bylaws of the
National PTA as are identified therein by a double star.
#Section 16. Each local PTA shall include in its
bylaws provisions corresponding to the provisions of such of these bylaws as are
identified by the state symbol #.
#Section 17. The Virginia PTA/PTSA Legislation
Program shall be voted on by individual local unit members and recorded on
official tally sheets. Local unit tally sheets shall be forwarded to District
Directors prior to the pre-convention Board of Managers meeting.
#Section 18. Local units may address legislative
items or issues if the position on the legislative item or issue does not
conflict with that of the Virginia PTA/PTSA Legislation Program. The local
unit's name must be used and not that of the Virginia PTA/PTSA.
#Section 19. Any dissolution of a local unit and
termination of its affairs shall take place in the following manner:
a.
The executive committee (or other
body that, under its bylaws, manages the affairs of the
local
PTA/PTSA) shall adopt a resolution recommending that the local PTA/PTSA be
dissolved
and directing that the question of such dissolution be submitted to a vote at a
special
meeting of members having voting rights. Written or printed notice stating the
purpose
of such meeting is to consider the advisability of dissolving the local PTA/PTSA
shall
be given to each member entitled to vote at such meeting at least thirty (30)
days
prior
to the date of such meeting. Such meeting shall be held only during the academic
year
of the school involved.
b.
Written notice of the adoption of
such resolution accompanied by a copy of the notice of
the
special meeting of members shall be given to the President of the Virginia PTA/PTSA
at
least twenty (20) days before the date fixed for such special meeting of the
members.
The
President of the Virginia PTA/PTSA, or his/her designated representative, shall
be
permitted
to attend the meeting and shall be accorded the courtesy of being allowed to
speak
for at least fifteen (15) minutes if he/she so desires, prior to the vote on
dissolution.
c.
Only those persons who were members
in good standing of the local PTA/PTSA on the
date
of adoption of the resolution and who continue to be members in good standing on
the
date of the special meeting shall be entitled to vote on dissolution.
d.
Approval of dissolution of the local
PTA/PTSA shall require the affirmative vote of at
Least two-thirds
of the members present and entitled to vote at the special meeting, a quorum
being present.
#Section 20. One president shall preside over
local PTA/PTSA associations as prescribed in its bylaws.
#Section 21. One treasurer shall be responsible
for all PTA/PTSA funds and finances.
#Section 22. The local PTA/PTSA fiscal year shall
begin and end as designated in the bylaws with the ending date the last day of a
calendar month.
#ARTICLE VI: AUDITING PROCEDURES
Section 1. An auditing committee or a
professional auditor shall be selected by the executive board prior to the end
of the fiscal year. An auditing committee shall consist of no fewer than three
members and no one with signature authority shall sit on the auditing committee.
Section 2. The local unit treasurer shall
submit the books to the auditing committee or the professional auditor at the
end of the fiscal year. The audit report shall be submitted in writing to the
executive board prior to finalization of the proposed budget for the coming
school year.
Section 3. The executive board of a local PTA
shall, upon resignation of the treasurer during a term, select an auditing
committee or a professional auditor within one week of the resignation. The
audit shall be performed with fiscal year end auditing procedures and shall be
completed within three weeks of the resignation. This audit shall not be
performed in lieu of the year-end audit.
Section 4. The newly elected treasurer shall
not undertake any duties or responsibilities of that office until the audit is
presented to and accepted by the executive board.
Section 5. All audit reports shall be presented
to the general membership for adoption. The fiscal
year-end audit report shall be presented to
the membership for adoption at the first general membership meeting held after
the completion of the report. A copy of the fiscal year-end audit shall be sent
to the state office within thirty (30) days following the adoption of the audit
by the membership.
Section 6. When a local unit is required to
file a 990 or 990EZ per IRS regulations, a copy of the 990 or 990EZ report filed
shall also be forward to the state office upon its completion.
ARTICLE
VII: MEMBERSHIP AND DUES
#Section 1. Every individual who is a member of
this PTA/PTSA is, by virtue of that fact, a member of the National PTA and of
the Virginia PTA/PTSA by which this PTA/PTSA is chartered and is entitled to all
the benefits of such membership.
#Section 2. Membership in this PTA/PTSA shall be
made available 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 this PTA/PTSA, to any
individual who subscribes to the Objects and basic policies of the National PTA.
#Section 3. This PTA/PTSA shall conduct an
annual enrollment of members but may admit persons to membership at any time.
#Section 4. Each member of this PTA/PTSA 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
Virginia PTA/PTSA (the "state portion") and the portion payable to the
National PTA (the "national portion").
#Section 5. Only members of this PTA/PTSA shall
be eligible to vote in the business meetings of this PTA/PTSA or to serve in any
of its elective or appointive positions.
#Section 6. The amount of the state portion of
each member’s dues shall be determined by the
Virginia PTA/PTSA. The national portion of
each member’s dues shall be one dollar and seventy-five cents (1.75) per
annum.
#Section 7. The Virginia PTA/PTSA portion of
each member's dues shall be seventy-five (75) cents per annum.
#Section 8. The state and national portions of
the dues paid by each member of this PTA/PTSA shall be set aside by this PTA/PTSA
and remitted to the Virginia PTA/PTSA through such channels and at such times as
the state bylaws may provide. Each state PTA shall pay to the National PTA the
amount of the national portion of dues paid by all members of local PTAs in its
area.
#Section 9. The annual dues paid by a member of
the local PTA/PTSA shall be included in the bylaws of that PTA/PTSA to reflect
in the total amount, the local unit portion, the portion payable to the Virginia
PTA/PTSA and the portion payable to the National PTA.
#Section 10. Each member of this PTA/PTSA shall
pay annual dues of $5.00 to the
association.
The amount of such annual dues shall
include the portions payable to the local unit, the Virginia PTA/PTSA and the
National PTA.
#Section 11. Membership shall be offered to
students in grades 9-12 in PTSAs.
#Section 12. All memberships received during the
fiscal year ending June 30 shall expire the following October 31.
#Section 13. A person may hold membership in one
or more local PTA units upon payment of all-inclusive dues as required in each
local unit bylaws.
#Section 14. Payment of State and National Dues
a.
The state and national portions of
the dues paid by each member of a local PTA/PTSA
shall
be the property of the Virginia PTA/PTSA and National PTA, respectively, and
shall
not be included in the local unit’s budget.
b.
Membership dues shall be remitted to
the treasurer of the Virginia PTA/PTSA at the
Virginia PTA/PTSA office on or before December 1. Additional membership
dues
received after December 1 shall be remitted to the Virginia PTA/PTSA
treasurer on or
before March 1. Membership dues received after March 1 shall be remitted
to the
Virginia PTA/PTSA treasurer on or before June 30.
c.
A list of members who joined the
association during the reporting period shall be kept by this local unit and
submitted to the Virginia PTA/PTSA when requested.
#Section 15. Honorary Life Membership in the
Virginia PTA/PTSA may be conferred for
distinguished service, for which a fee
shall be paid to the treasurer of the Virginia PTA/PTSA. This fee shall be
deposited in the special Life Membership-Scholarship Fund of the Virginia PTA/PTSA.
Honorary Virginia Life Membership entitles a recipient to attend the State
Convention as a non-voting participant without payment of the registration fee.
#Section 16. Honorary National Life Membership
may be conferred for distinguished service, for
which a fee shall be paid to the treasurer
of the National PTA for the Endowment Fund of the National PTA.
Honorary National Life Membership provides only National Convention guest
privileges upon payment of the convention registration fee.
#Section 17. A holder of an Honorary National or
State Life Membership may be an active member only upon payment of dues in a
local PTA/PTSA unit
.
ARTICLE VIII: OFFICERS AND THEIR
ELECTION
#Section 1. Each officer of this PTA/PTSA shall
be a member of this PTA/PTSA.
Section 2. Only members whose individual dues
are paid to this association for the current fiscal year shall be eligible to
hold office, to serve on the executive committee, the executive board, a
standing or special committee or to serve as a delegate to the council or
district.
Section 3. Officers and their election:
a.
The officers of this association
shall consist of:
#1. One President;
2.
One Vice-President(s);
3.
A Recording Secretary;
#4. One Treasurer.
b.
Officers shall be elected by ballot
in the month of May. However, if
there is but one
nominee for office, election for that office may be by voice vote. A
majority of the
votes cast shall constitute an election.
c.
Officers, except the Treasurer,
shall assume their official duties following the close of the meeting in June.
The Treasurer shall assume his/her official duties upon the
completion of the auditing process. Officers shall serve for a term of (1)
one year(s)
or until their successors are elected.
d.
A person shall not be eligible to
serve more than two (2) consecutive terms in the
same office. A
person who has served in an office for more than one-half of a full term shall
be deemed to have served a full term in such office.
Section 4. Nominating committee:
a.
There shall be a nominating
committee composed of (3) three members
who shall be appointed by the PTA board
at least 2 months prior to the
election of officers. The committee
shall elect its own chairman.
b.
The nominating committee shall
nominate an eligible person for each office to be filled and report its nominees
at a regular meeting no less than thirty (30) days prior to the election
meeting. At the election meeting, 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 office.
Section 5. Vacancies:
A vacancy occurring in any office shall be
filled for the unexpired term by a person elected by a majority vote of the
executive board, notice of such election having been given as prescribed in
Article XI, Section 4. In case a
vacancy occurs in the office of president, the first vice-president shall
automatically become president and serve notice of the election to fill the
vacancy in the office of first vice-president
ARTICLE IX: 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 act;
c.
perform other delegated duties as
assigned.
Section 3. The recording secretary shall:
a.
record the minutes of all meetings
of the association;
b.
keep the official copy of the local
unit’s bylaws in his/her files;
#c. maintain a
membership list as required by the Virginia PTA/PTSA;
d. perform other
delegated duties as assigned.
Section 4. The treasurer shall:
a.
have custody of all the funds of the
association;
b.
keep a full and accurate account of
receipts and expenditures as described in Article
V, Section 4;
c.
make disbursements as authorized by
the president, executive board, or association in
accordance with the budget adopted by the association;
#d. remit by
December 1 to the Virginia PTA/PTSA state office, state and National PTA
dues for memberships received prior to December 1. Remit by March 1, dues
received after December 1 and remit by June 30, all state and National
dues received
after March 1.
e.
have checks or vouchers signed by two officers, preferably the treasurer
and the
president;
f.
present a written financial statement at every meeting of the association
and at other
times when requested by the executive board;
g.
prepare an annual financial report at the close of the fiscal year;
#h. have the accounts examined according to the auditing procedures
outlined in Article
VI;
i.
perform other delegated duties as
assigned.
Section 5. 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, each officer shall
turn over to the president, without delay, all records, books, and other
materials pertaining to the office
ARTICLE X: EXECUTIVE COMMITTEE
Section 1. The executive committee shall
consist of the elected officers of the association and the
principal of the school.
Section 2. Duties of the executive committee
shall be:
a.
to develop goals for the association
for presentation to the executive board and
general
membership for approval;
b.
and to appoint standing and special
committee chairmen and members of the
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