LOCAL
UNIT BYLAWS
#ARTICLE
I: NAME
#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 Purposes
of the Seaford Elementary PTA, Inc., 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 Purposes of the Virginia PTA/PTSA, the National PTA and the Seaford
Elementary PTA, Inc. 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").
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IV: BASIC POLICIES
The
following are basic policies of the Seaford Elementary PTA, Inc. 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 Purposes
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.
#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 Purposes and basic policies of the PTA;
b. Remits
the state and national portion of dues to the Virginia PTA/PTSA by dates
designated in these bylaws;
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 shall include in its bylaws provisions corresponding to the
provisions of such of these bylaws as are identified by the state symbol #.
#Section 16. 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 17. 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 18. 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 19. One president shall preside over local PTA/PTSA associations as
prescribed in its bylaws.
#Section 20. One
treasurer shall be responsible for all PTA/PTSA funds and finances.
#Section 21. 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 banking
responsibilities of that office with the exception of depository duties,
reconciliation of bank statements, change of signatory or other clerical duties
not requiring signatory until the audit is presented to 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.
#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 Purposes 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 elected or
appointed 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. Each
member of a local PTA/PTSA shall pay annual dues to the association as approved
by two-thirds (2/3) vote of members present and voting after having been given
at least thirty (30) days notice. The
amount of such annual dues shall include the portions payable to the local
unit, the Virginia PTA/PTSA and the National PTA.
#Section 10. Membership shall be offered to students in grades 9-12 in PTSAs.
#Section 11. All memberships received during the fiscal year ending June 30
shall expire the following October 31.
#Section 12. 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 13. 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 14. 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 15. 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 16. 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.
Language in bold print must be inserted when instituting the office of
President-Elect.
#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 (1) President;
2. One (1) President-Elect;
3. One (1) Vice-President;
4. A
Recording Secretary;
#5. One (1) Treasurer.
b. Officers
shall be elected by ballot in the month of April or 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 out-going president-elect shall succeed
automatically to the office of president.
The Treasurer shall assume his/her official duties upon the
completion of the auditing process.
Officers shall serve for a term of one (1) year or until their
successors are elected.
d. No person shall serve more than one (1)
term in the office of president or president-elect. 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 three (3) members who shall be
elected by this PTA/PTSA at a regular meeting at least two 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 except the office of president 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. It is
understood that the president-elect by accepting the nomination is agreeing to
automatically succeed to the office of president at the end of their term as
president-elect.
Section 5. Vacancies:
A
vacancy occurring in any office other
than president or president-elect 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 president-elect shall
automatically become president and serve notice as prescribed in Article XII, Section 2 to the general membership of
the election to fill the vacancy in the office of president-elect.
ARTICLE
IX: DUTIES OF OFFICERS