St. Mary’s County Council of PTAs Bylaws
MARYLAND PTA FORMAT REVISED
APRIL 2005
| ARTICLE PAGE | |
| ARTICLE I NAME | 3 |
| ARTICLE II PURPOSES | 3 |
| ARTICLE III BASIC POLICIES | 3 |
| ARTICLE IV RELATIONSHIP WITH NATIONAL AND MARYLAND PTA | 4 |
| ARTICLE V PURPOSES OF THIS COUNCIL | 6 |
| ARTICLE VI OFFICERS AND THEIR ELECTION | 6 |
| ARTICLE VII DUTIES OF OFFICERS | 7 |
| ARTICLE VII I BOARD OF DIRECTORS (EXECUTIVE BOARD) | 8 |
| ARTICLE IX EXECUTIVE BOARD (NA) | 9 |
| ARTICLE X COMMITTEES | 10 |
| ARTICLE XI GENERAL MEMBERSHIP | 10 |
| ARTICLE XII MEETINGS | 11 |
| ARTICLE XIII COUNCIL MEMBERSHIP | 11 |
| ARTICLE XIV FISCAL YEAR | 11 |
| ARTICLE XV PARLIAMENTARY AUTHORITY | 12 |
| ARTICLE XVI AMENDMENTS | 12 |
Article I – Name
The name of this organization is the St. Mary’s County Council Parents and Teachers Association, Maryland. It is a council PTA organized under the authority of Maryland Congress of Parents and Teachers, a branch of National Congress of Parents and Teachers (the National PTA). The organization will be referred to in these bylaws as the CCPTA.
#Article II – Purposes
Section 1. The Purposes of the CCPTA in common with those of the National PTA and the Maryland 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, and
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 PTA are promoted through an advocacy and educational program directed toward parents, teachers, and the general public; developed through conferences, committees, projects, and programs; and governed and qualified by the basic policies set forth in Article III.
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 (hereafter referred to as “Internal Revenue Code”).
#Article III - Basic Policies
The following are the basic policies of National PTA:
a. the organization shall be noncommercial, nonsectarian, and nonpartisan.
b. The organization shall work with the school and community 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.
c. the organization shall work to promote the health and welfare of children and youth and shall seek to promote collaboration between parents, schools, and the community at large.
d. 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.
e. 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.
f. 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 that have established their tax-exempt status under Section 501 (c) (3) of the Internal Revenue Code and whose purposes are in accordance with those of National PTA.
g. 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.
#Article IV-Relationship with National PTA and Maryland PTA
Section 1. This council PTA shall be organized and chartered under the authority of the Maryland PTA in the area in which this council PTA functions, in conformity with such rules and regulations, as the Maryland PTA may in its bylaws prescribe. The Maryland PTA shall issue to this council PTA an appropriate charter evidencing the due organization and good standing of this council PTA.
A council PTA in good standing is one that:
a. adheres to the purposes and basic policies of the PTA;
b. has bylaws approved every three (3) years according to the procedures of Maryland PTA;
c. submits the name and address of the council president to the Maryland PTA office by designated date;
d. has an EIN (Employer Identification Number) from the Internal Revenue Service (IRS) on file with the Maryland PTA;
e. maintains its status as a corporation; and
f. files the appropriate 990 tax forms with the IRS if the council’s gross receipts average $25,000 over a three year period.
Section 2. This council PTA shall adopt such bylaws for the government of the organization as may be approved by the Maryland PTA. Such bylaws shall not be in conflict with the National PTA Bylaws or the bylaws of Maryland PTA.
Section 3. Bylaws of this council PTA shall include an article on amendments.
Section 4. Bylaws of this council PTA shall include a provision establishing a quorum.
Section 5. Each officer or board member of this council PTA shall be a member of a local PTA within its area.
Section 6. The bylaws of this council PTA shall prohibit voting by proxy, mail (including electronic communication), or absentee.
Section 7. All council PTAs shall be incorporated.
Section 8. All council PTAs shall have bonding and liability insurance.
Section 9. All council PTAs shall submit a copy of the treasurer’s annual report, reviewed by an auditing committee, to Maryland PTA.
Section 10. A PTA member shall not serve as a voting member of this council PTA’s board while serving as a paid employee of, or under contract to, this council PTA.
Section 11. The members of the nominating committee for officers of this council PTA shall be elected by the Executive board.
Section 12. Each council shall designate a representative to serve on the Maryland PTA Board of Directors according to council guidelines.
Section 13. The charter of a council may be removed in the manner and under the circumstances provided in Maryland PTA bylaws, Article V, #Section 10 and #Section 11.
Section 14. This council PTA is obligated, upon withdrawal of its charter by the Maryland PTA:
a. to yield up and surrender all of its books and records and all of its assets and property to the Maryland PTA or to such agency as may be designated by the Maryland PTA or to another council PTA organized under the authority of the Maryland PTA;
b. to cease and desist from the further use of any name that implies or connotes association with the National PTA or the Maryland PTA or status as a constituent organization of the National PTA; and
c. to carry out promptly, under the supervision and direction of the Maryland PTA, all proceedings necessary or desirable for the purpose of dissolving the CCPTA .
Section 15. The articles of organization of this council PTA include (a) the bylaws of such organization and (b) the certificate of incorporation or articles of incorporation of such organization.
Section 16. This council PTA shall keep 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 and the dues collected from its members. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the Maryland PTA or, where directed by the committee on state, council, and local relationships, by a duly authorized representative of the Maryland PTA.
Article V - Purposes of this Council
Section 1. The Purposes of this council PTA are to:
a. unify and strengthen local PTAs comprising the council PTA;
b. provide for the conference and cooperation of the local PTAs in the council PTA membership in order to create a public opinion favorable to the interests of children, to encourage programs and projects in the various local PTAs which will carry out the mission and purpose of PTA, and to assist in the formation of new PTAs according to the plan of the Maryland PTA; and
c. promote the interests of the National PTA and of the Maryland PTA.
# Section 2. Authority
Council shall not:
a. dictate to local PTAs;
b. legislate for the local PTAs, including taking action involving member PTAs and setting up rules for them without their consent;
c. duplicate the work or program of the local PTAs;
d. compete with local PTAs;
e. compel local PTAs to enter into council projects; or
f. assess local PTAs for funds without their consent.
Article VI – Officers and their Election
Section 1. The officers of this council PTA shall be a president, one vice president, a secretary, and a treasurer, and shall be called the Executive Board. The Executive Board can also be called the Board of Directors.
Section 2. Officers shall be elected during odd years at the annual general membership meeting in the month of May and shall assume their duties on the first day of the fiscal year.
Section 3. The vote shall be conducted by ballot and a majority vote shall elect. When there is only one candidate for any office that election may be held by voice vote.
Section 4. The following provisions shall govern the eligibility of individuals to be officers of the County Council PTA;
#a. each officer shall be a member of a local PTA within the area of this council PTA.
b. only members of a local PTA whose state and council PTA dues are paid shall be eligible to hold office. All officers shall have served at least one (1) full year as a local PTA officer or one (1) full year on the PTA council board of directors.
c. a term of office shall be two year(s) or until a successor is elected. No officer may be eligible to serve more than two consecutive terms in the same office.
d. 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 5. A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority vote of the board of directors, 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.
Section 6. Removal from Office
The board of directors by a two-thirds (2/3) majority vote may remove any officer who fails to perform duties as outlined in these bylaws and the current standing rules and/or fails to adhere to the basic policies, misrepresents the council or acts in any manner deemed detrimental to the purposes of the organization. The board of directors shall notify, by certified mail at least seven (7) days prior to the meeting of determination, the officer of their right to appear before the board of directors.
Section 7. Nominating Committee
There shall be a nominating committee for officers composed of three members who shall be elected by the Executive Board, at least two (2) months prior to the election of officers. The nominating committee shall serve for a term of one (1) year. No two (2) members shall be from the same local PTA.
a. the committee shall elect its own chair and notify the president in writing of its decision within ten (10) days of such election.
b. the committee shall nominate one (1) eligible person for each office to be filled and send its written report to the board of directors. The report shall be published fifteen (15) days prior to the election. Additional nominations may be made from the floor.
c. only those individuals who have met the qualifications as outlined in Article VI, Section 4 and who have signified their consent to serve if elected shall be nominated for or elected to, such office.
Article VII – Duties of Officers
Section 1. The president shall:
a. preside at all meetings of this council PTA;
b. serve as an ex-officio member of all committees except the nominating committee;
c. coordinate the work of the officers and committees of this council PTA in order that the Purposes may be promoted;
d. assist in extending PTA work into all parts of the council PTA area, keeping it in harmony with the Maryland PTA plan;
e. perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the board of directors or the executive board.
f. Review bank statements monthly with the treasurer.
Section 2. The vice president(s) shall:
a. act as an aide(s) to the president;
b. in their designated order, perform the duties of the president in the president’s absence or inability to serve;
c. perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, the board of directors, or the executive board.
Section 3. The secretary shall:
a. record the minutes of all meetings of the County Council PTA;
b. be prepared to read the records of any previous meetings;
c. file all records;
d. have a current copy of the bylaws;
e. maintain a current membership list;
f. notify committee chairs of their elections;
g. conduct delegated correspondence;
h. perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, the board of directors, or the executive board.
Section 4. The treasurer shall:
a. have custody of the funds of this council PTA;
b. maintain a full account of the funds of this council PTA;
c. make disbursements as authorized by the president, board of directors or this council PTA in accordance with the budget adopted by this council PTA;
#d. have checks or vouchers signed by two people: the treasurer and one other authorized officer;
e. keep a full and accurate account of the receipts and disbursements in the books belonging to this council PTA;
f. provide a written financial statement to the board of directors and general membership at every meeting;
g. present an annual report of the financial condition of the organization to the membership;
#h. submit the books annually for an audit.
#i. report the findings of the annual audit to the board of directors and to Maryland PTA;
j. perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, the board of directors, or the executive board;
k. be responsible for preparing and filing all necessary tax forms; and
l. submit a proposed annual budget to the board of directors and the general membership for approval.
m. Review bank statements monthly with the president.
ARTICLE VIII Board Of Directors (Executive Board)
Section 1. The affairs of the County Council PTA shall be managed by the board of directors in the intervals between general membership meetings.
#Section 2. Each board of directors member shall be a member of a local PTA within the area of the council whose state and council PTA dues are paid.
Section 3. The members of the board of directors shall be:
a. elected officers;
b. Executive Board (president, vice president, secretary, and treasurer)
A parliamentarian (non-voting) may be appointed by the president, subject to approval of the executive board of this council PTA.
Section 4. Duties of the board of directors shall be to:
a. carry out such business as may be referred to it by the membership of the association;
b. create special committees;
c. present a report at the regular general membership meetings of this council PTA;
d. select an auditing committee to audit the treasurer’s accounts at least one month before new executive board assumes its duties.
e. approve and submit an annual budget to this council PTA’s general membership for adoption;
f. approve payment of routine bills within the limits of the approved budget; and
g. approve plans of work of council PTA standing committees.
Section 5. If any member of the board of directors shall at any time cease to meet the qualifications or fulfill the duties of the position, that person may be removed from the board by a resolution adopted by the board of directors.
Section 6. Regular meetings of the board of directors shall be held with the date and time to be fixed by the board of directors at its first meeting of the year.
Section 7. Special meetings of the board of directors may be called by the president or when requested by a majority of members upon five days written notice to each member of the board of directors.
#Section 8. At all meetings of the board of directors, a majority of the members of the board of directors shall constitute a quorum for the transaction of business.
Section 9. Upon the expiration of the term of office or when individuals cease to hold the position that entitles them to be a member of the board of directors, they shall automatically cease to be a member of the board of directors and shall be relieved of all duties and responsibilities incident to such membership. All records, books and other materials pertaining to the position shall be turned over to the president and all funds pertaining to the position shall be returned to the treasurer within fourteen (14) days.
Article IX– Executive Board (Not Applicable)
Section 1. There shall be an executive board of the County Council PTA, the members of which shall be:
a. all elected officers.
#Section 2. Each executive board member shall be a member of a local PTA within the area of the council whose state and council PTA dues are paid.
Section 3. Regular meetings of the executive board shall be held with the dates and times fixed by the executive board at its first meeting of the year. Special meetings of the executive board may be called by the president or upon written request of two members with five days notice to each member of the executive board.
#Section 4. At all meetings of the executive board, a majority of the members of the executive board shall constitute a quorum for the transaction of business.
Section 5. Duties of the executive board shall be to:
a. transact business referred to it by the board of directors;
b. elect standing committee chairs;
c. act in emergencies between meetings of the board of directors;
d. make a report at each board of directors meeting.
Section 6.
The executive board shall take no action in conflict with any action taken by the board of directors.
Article X – Committees
#Section 1. Only members of this council PTA or of the local PTAs constituting this council PTA shall be eligible to serve in any elected or appointed positions.
Section 2. Standing Committee chairs shall be elected by the executive board.
Section 3. The board of directors may create such special committees as it may deem necessary to promote the purposes of PTA and carry on the work of this council PTA.
Section 4. The term of office of a committee chair shall be one year or until the selection of a successor. Chairmen shall assume their duties July 1st.
Section 5. The chair of each committee shall present a plan of work to the board of directors for approval. No committee work shall be undertaken without the consent of the board of directors.
Section 6. A person elected by a majority vote of the executive board, shall fill a vacancy occurring in any position as committee chairmen for the unexpired term.
Article XI – General Membership
Section 1. The general membership (voting body) of this council PTA shall consist of the board of directors; the president of each member local PTA or their alternate; the principal of each member local PTA or their alternate; and delegates or their alternates as specified in Section 2 of this article.
Section 2. Each member local PTA shall be eligible to be represented by one delegate or their alternates as selected by the local PTA according to its own bylaws.
Section 3. Individuals are entitled to one vote, even though they may be serving in more than one position.
Article XII – Meetings
Section 1. Regular meetings of this council PTA shall be held during the year, the time to be fixed by the board of directors at its first meeting of the fiscal year. Seven days notice shall be given to the membership of any change of date. Meetings will be cancelled following the weather closing policy for the county.
Section 2. Special meetings of this council PTA may be called by the president or by a majority of the board of directors five days notice given.
Section 3. The annual meeting shall be held in May.
#Section 4. A quorum for the transaction of business of any meeting of this council PTA shall consist of at least at least two council officers and one delegate from at least 25% of the members of the voting body.
Section 5. Meetings of this council PTA shall be open to all members of the local PTAs holding membership in the council PTA, but the privilege of introducing motions and voting shall be limited to the voting body as outlined in Article XI.
Section 6. Delegates from local PTAs whose dues to the council PTA are in arrears shall not participate in the business meetings of the council PTA.
Article XIII – Council Membership
Section 1. Membership in this council PTA shall consist of local PTAs chartered by the Maryland PTA in St. Mary’s County upon payment of dues as hereinafter provided.
Section 2. The annual membership dues in this council PTA shall be $0.50 per each local PTA member and shall be paid on or before November 1st.
#Section 3. Membership in this council PTA shall be made available by this council PTA without regard to race, color, creed, or national origin, under such rules and regulations, not in conflict with the provisions of the National PTA bylaws or the Maryland PTA bylaws, as may be prescribed in the bylaws of this council PTA, to any PTA who subscribes to the Purposes and basic policies of the National PTA.
Section 4. Local PTAs may be accepted as members at any time. Bylaws and incorporation documents of local PTA shall be provided to this council upon approval by its membership.
Section 5. Only member local PTAs may participate in the group liability and bonding insurance.
#ARTICLE XIV – Fiscal Year
The fiscal year of the County Council PTA shall begin on July 1st and end on the following June 30th.
#ARTICLE XV – Parliamentary Authority
The rules contained in the current edition of Robert’s Rules of Order, Newly Revised shall govern this council PTA in all cases in which they are applicable and in which they are not in conflict with National PTA Bylaws, the Maryland PTA bylaws, special rules of order or the Articles of Incorporation.
#ARTICLE XVI – Amendments
Section 1. These bylaws may be amended at any general membership meeting of this council PTA by a two-thirds vote of those members present and voting, a quorum being present, provided notice of the proposed amendment shall have been given to the general membership at least thirty (30) days prior to the meeting at which the amendment is to be voted upon. When amended, articles are in effect, but shall be subject to the approval of the Maryland PTA.
Section 2. A decision to totally revise the bylaws as a substitute for the existing bylaws, requires a majority vote of those members present and voting at a general meeting of this council PTA, or a two-thirds vote of the board of directors. A committee to carry out this task shall be appointed by the board of directors. The requirements for adoption of a revised set of bylaws shall be the same as in the case of an amendment.
Section 3. Submission of amendments or revised bylaws for approval by the Maryland PTA shall be in accordance with the bylaws of the Maryland PTA.
These bylaws are submitted by an existing council PTA in Maryland and were approved at a GENERAL MEMBERSHIP MEETING of the
St. Mary’s County Council of PTAs (legal name) on
October 6, 2005.
Joanne Goldwater-Dement Joanne Goldwater-Dement
(Printed name) Secretary (Signature) Secretary
