Willow Creek PTA
Local Unit Bylaws
____Berks_____ County Region _13_
|ARTICLE III||PRINCIPLES and BASIC POLICIES||2-3|
|ARTICLE IV||RELATIONSHIP with NATIONAL PTA and PENNSYLVANIA PTA||3-4|
|ARTICLE VII||MEMBERSHIP and DUES||5|
|ARTICLE IX||DUTIES of OFFICERS||7-9|
|ARTICLE X||EXECUTIVE COMMITTEE||10-11|
|ARTICLE XII||GENERAL MEMBERSHIP MEETINGS||11-12|
|ARTICLE XIII||COUNCIL MEMBERSHIP||12|
|ARTICLE XIV||PENNSYLVANIA PTA CONVENTION||12|
|ARTICLE XV||FISCAL YEAR and ACCOUNTIBILITY||12-13|
|ARTICLE XVI||DISSOLUTION and WITHDRAWL OF CHARTER||13-14|
|ARTICLE XVII||PARLIAMENTARY AUTHORITY||14|
Article I: Name
The name of this non-profit association is the Willow Creek Elementary Parent-Teacher Association (PTA) or the WCPTA PTSA, and may be referred to in these bylaws as “this PTA/PTSA”, located in Fleetwood, Pennsylvania. It is a PTA/PTSA organized under the authority of the Pennsylvania Congress of Parents and Teachers, Inc. (the Pennsylvania PTA), a branch of the National Congress of Parents and Teachers (the National PTA).
Article II: Purposes
Section 1. The purposes (objects) of the Willow Creek PTA, in common with those of the National PTA and the Pennsylvania PTA are:
- to promote the welfare of children and youth in home, school, places of worship, and throughout the community;
- to raise the standards of home life;
- to advocate for laws that further the education, physical and mental health, welfare, and safety of children and youth;
- to promote the collaboration and engagement of families and educators in the education of children and youth;
- to engage the public in united efforts to secure the physical, mental, emotional, spiritual, and social well-being of all children and youth; and
- to advocate for fiscal responsibility regarding public tax dollars in public education funding.
Section 2. The purposes of the National PTA, the Pennsylvania PTA and this PTA/PTSA are promoted through advocacy and education with parents, families, teachers, educators, students, and the general public; developed through conferences, committees, projects, and programs; and governed and qualified by the basic principles set forth in Article III.
Section 3. The 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: Principles and Basic Policies
Section 1. The following are principles of the Willow Creek PTA in common with those of the National PTA and the Pennsylvania PTA:
- The association shall be noncommercial, nonsectarian, and nonpartisan.
- The association shall work to engage and empower children, families, and educators within schools and communities to provide quality education for all children and youth, and shall seek to participate in the decision-making process by influencing school policy and advocating for children’s issues, 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.
- The association shall work to promote the health and welfare of children and youth, and shall seek to promote collaboration among parents, schools, and the community at large.
- Commitment to inclusiveness and equity, knowledge of PTA, and professional expertise shall be guiding principles for service in National PTA.
Section 2. The following are basic polices of the Willow Creek PTA in common with those of the Pennsylvania PTA are the ‘operational requirements and dissolution’ of National PTA and are IRS requirements for all 501(c)(3) associations:
- No part of the net earnings of the association shall inure to the benefit of, or be distributable to, its members, directors, trustees, officers, or other private persons except that the association 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.
- Notwithstanding any other provision of these articles, the association shall not carry on any other activities not permitted to be carried on (i) by an association exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or (ii) by an association, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.
- Upon the dissolution of the association, after paying or adequately providing for the debts and obligations of the association, the remaining assets shall be distributed to one or more nonprofit funds, foundations, or associations that have established their tax-exempt status under Section 501(c)(3) of the Internal Revenue Code and whose purposes are in accordance with National PTA.
- The association 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 Pennsylvania PTA
Section 1. This PTA/PTSA shall be organized and chartered under the authority of the Pennsylvania PTA in the area in which the PTA/PTSA functions, in conformity with such rules and regulations, not in conflict with Pennsylvania PTA bylaws. The Pennsylvania PTA shall issue to this PTA/PTSA an appropriate charter evidencing its organization and good standing. Five (5) members (minimum) are required to organize a new local unit PTA/PTSA and to maintain PTA/PTSA status.
Section 2. Pennsylvania PTA provides services only to PTA/PTSAs that are in good standing. To participate in the Reflections Program at the state level and receive state mailings, local units must be in good standing.
Section 3. A PTA/PTSA in good standing shall:
- adhere to the purposes, principles, and basic policies of the PTA;
- have bylaws approved according to the procedures of the Pennsylvania PTA;
- remit the state and national portion of the membership dues in accordance with their own bylaws;
- submit the Annual Local Unit Registration Form to the state office immediately upon election of officers but no later than June 15 annually;
- forward to the state office each year, upon completion, a copy of their Form 990N, 990, or 990EZ as required per IRS regulations;
- forward a signed copy of all audit reports to the state office immediately following their adoption by the general membership; and
- meet other criteria as may be prescribed by the Pennsylvania PTA.
Articles V: Bylaws
Section 1. The articles of organization of this PTA/PTSA include (a) the bylaws of such association and (b) the certificate of incorporation or articles of incorporation of such association (in cases in which the association is a corporation) or the articles of association by whatever name (in cases in which the association exists as an unincorporated association).
Section 2. This PTA/PTSA shall adopt such bylaws for the government of the association on a model provided by the Pennsylvania PTA and such bylaws shall be approved by the Pennsylvania PTA. Such bylaws shall not be in conflict with the National PTA bylaws or the bylaws of Pennsylvania PTA.
Section 3. The adoption of an amendment to any provision of the National PTA or the Pennsylvania PTA bylaws that is relevant to the local unit bylaws shall apply automatically and without the requirement of further action by this PTA/PTSA to amend its corresponding bylaws. Notwithstanding the automatic character of the amending process, this PTA/PTSA shall promptly incorporate such amendments in its bylaws.
Section 4. This PTA/PTSA shall include in its bylaws provisions corresponding to the provisions of National PTA and Pennsylvania PTA bylaws identified by the (#) symbol and cannot be deleted or amended in any manner by this PTA/PTSA.
Section 5. PTA/PTSA bylaws shall be updated every five (5) years on the most current model available from the Pennsylvania PTA.
Article VI: Voting
Section 1. Only members of this PTA/PTSA who have paid dues for the current membership year may vote on the business of this PTA/PTSA.
Section 2. Each member is entitled to one (1) vote, even though they may be serving in more than one (1) position.
Section 3. Current membership must be verified for voting privileges.
Section 4. The bylaws of this PTA/PTSA shall prohibit voting by proxy.
Section 5. A PTA/PTSA member shall not serve as a voting member of this PTA’s board while serving as a paid employee of or under contract to this PTA/PTSA.
Article VII: Membership & 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 Pennsylvania PTA by which this PTA/PTSA is chartered and is entitled to all the benefits of such membership.
Section 2. Membership in PTA shall be open, without discrimination, to anyone who believes in and supports the mission and purposes of the National PTA.
Section 3. This PTA/PTSA must conduct a minimum of one (1) membership campaign annually; however, individuals may join at any time. The membership year shall begin on July 1st and end on June 30th annually. Membership dues with required documentation (using an online membership platform or mailing dues remittance form, list of paid members, and payment of state and national dues) shall be submitted on a monthly basis to the state office. Local units that do not submit any dues to the state PTA office postmarked by September 30 shall be notified that their non-profit status is in jeopardy.
Section 4. Each member of this PTA/PTSA shall pay such annual dues to said association as may be prescribed by the association. The amount of such dues shall include the portion payable to the Pennsylvania PTA -the “state portion”- and the portion payable to the National PTA -the “national portion.”
Section 5. The national portion of each member’s dues shall be two dollars and twenty-five cents ($2.25) per annum as determined by the National PTA.
Section 6. The state portion of each member’s dues shall be two dollars and seventy-five cents ($2.75) per annum as determined by the Pennsylvania PTA.
Section 7. The local portion of each member’s dues shall be determined by this PTA/PTSA at their annual general membership meeting.
Section 8. PTA/PTSA Membership:
- Upon payment of dues, a person of Full Age shall become a member of a PTA/PTSA unit and shall be entitled to all privileges of membership, including holding office and voting.
- Upon payment of dues, a person of less than Full Age (example: student in a PTA/PTSA) shall become a member of a PTA/PTSA unit and shall be entitled to all privileges of membership including voting, holding chairmanships and offices, with the exception of president, first vice-president, secretary and treasurer.
- Of Full Age: eighteen (18) years of age or over, as set forth by the Pennsylvania Consolidated Statutes, Title 15, Corporations and Unincorporated Associations, under which the Pennsylvania Congress of Parents and Teachers, Inc. is governed along with the Pennsylvania PTA bylaws.
Article VIII: Officers
Section 1. Officers. The officers of this PTA/PTSA shall consist of:
a. one (1) president;
b. Three (3) (1st, 2nd, & 3rd) vice president (s);
c. Two (2) Recording & Corresponding secretary (ies); and
d. one (1) treasurer.
Section 2. Eligibility. The following provisions shall govern the qualifications and eligibility of individuals to be officers of this PTA/PTSA:
a. Each officer shall be a current member of this PTA/PTSA.
b. No person shall serve in more than one elected position in this PTA/PTSA simultaneously.
Section 3. Term. Officers shall assume their official duties on July 1st and shall serve for a term of one (1) year, or until their successors are elected.
a. 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.
- No officer may be eligible to serve more than three (3) consecutive terms in the same office.
Section 4. Vacancy. A vacancy occurring in the office of president shall be filled for the remainder of the unexpired term by the vice president. A vacancy in any office other than the president shall be filled by a member elected by the executive board.
Section 5. Nominating Committee.
- Composition. The nominating committee shall consist of three (3) (an odd number no less than three) local unit members. The president shall not serve as a member of this committee.
- Election. The members of the nominating committee shall be elected by this PTA/PTSA at a regular meeting at least 2 months prior to the election of officers at the annual meeting (as listed in # Article XII: General Membership Meetings, Section 1.b.) The committee shall elect its own chair.
- Duties. The nominating committee shall:
- send out notification of elections;
- confidentially consider all candidates for elected positions who meet the eligibility requirements set forth by these bylaws and who have provided written consent to serve if elected; may consider additional candidates during its confidential deliberations; and
- submit only one (1) name for each position to be filled.
- Report. The nominating committee shall report its nominees to the general membership at least one (1) month prior to the election of officers at the annual meeting (as listed in # Article XII: General Membership Meetings, Section 1.b.)
Section 6. Nominations from the floor. Nominations from the floor shall be accepted at the election meeting. Nominees shall be current members of this PTA/PTSA and shall have submitted written consent.
Section 7. Elections. Officers shall be elected:
- at the annual general membership meeting;
- by written ballot if there is more than one (1) candidate and a majority vote shall elect; and
- by voice vote when there is only one (1) candidate. Only affirmative votes shall be valid.
Article IX: Duties of Officers
Section 1. All officers shall perform the duties as provided in these bylaws, and as may be prescribed by the association, the parliamentary authority and as directed by the president or the executive board of this PTA/PTSA
Section 2. The president shall:
a. preside at all general membership and executive board meetings of this PTA/PTSA;
b. confirm that a quorum is present (refer to Robert’s Rules of Order Newly Revised, current edition);
c. serve as an ex-officio member of all committees with the exception of nominating, election, and audit committees;
d. coordinate the work of the officers and committees of this PTA/PTSA in order that the purposes may be promoted;
e. communicate with state PTA to comply with all standards of affiliation and maintain ‘good standing’ status as outlined in these bylaws;
f. file the Annual Local Unit Registration Form with the state PTA office immediately upon election of officers and no later than June 15 annually;
g. serve as the official representative of this PTA/PTSA and be authorized to sign contracts;
h. retain all official records of this PTA/PTSA and have a current copy of this unit’s bylaws available for membership review; and
i. appoint a parliamentarian as needed.
Section 3. The 1st vice-president(s) shall1
a. serve as aide(s) to the president;
b. in their designated order, 1st, 2nd, & 3rd perform the duties of the president in the president’s absence or inability to serve.
c. coordinate the work of the membership committee
Section 3B The 2nd vice-president shall act as an aide to the president; and
- perform the duties of the president and 1st vice-president in their absence or inability to serve.
- coordinate the work of the events committee
Section 3C The 3rd vice president shall act as an aide to the president; and
- perform the duties of the president, 1st vice-president and 2nd vice-president in their absence or inability to serve.
- coordinate the work of the events committee
Section 4. The recording secretary shall2
a. record the minutes of all general membership and executive board meetings of this PTA/PTSA;
b. maintain a current copy of the bylaws and membership list;
c. at each meeting, present a written copy of the minutes from the previous meeting, for corrections/amendments and approval;
d. maintain at each meeting, written records for at least the previous twelve (12) meetings, for possible review by members; and
e. be responsible for all correspondence of the association, as needed and as directed by the president
Section 4B. The corresponding secretary shall
- conduct correspondence of the Willow Creek Parent Teacher Association as directed by the President, executive board or the association;
- keep executive board informed of all correspondence received.
- send notices of all meetings to executive board members.
- prepare for distribution to the membership of all notices of general membership
- maintain an up to date file of all correspondence pertaining to work of the group.
Section 5. The treasurer shall:
a. hold and maintain a full account of all the funds of this PTA/PTSA;
b. keep a full and accurate account of all income and expenditures including bank statements, deposit receipts, budgets, invoices, and paid receipts in accordance with the records retention policy as provided by the Pennsylvania PTA;
c. remit monthly, five dollars ($5.00 = national + state portions of dues) for each member of the PTA/PTSA, as listed on the Dues Remittance Form, to the state PTA office (see Article VII: Membership & Dues, Section 9. & #Article IV: Relationship with National PTA and Pennsylvania PTA , Section 1.);
d. record national and state portions of the membership dues separate from record of general funds of this PTA/PTSA;
e. make disbursements in accordance with the budget adopted by the general membership this PTA/PTSA;
f. present a written and verbal financial statement of each financial account which shall include the balance from the previous meeting, list of deposits and expenditures, and current balance, along with a combined balance of all accounts, at all executive board and general membership meetings;
g. present a preliminary annual financial report which shall include the approved budget figures and the actual current figures, at the annual general membership meeting of this PTA/PTSA;
h. present all audit reports to the general membership for adoption at the first general membership meeting held after their completion;
i. such books of account and records shall be open to inspection, at all reasonable times, by an officer of this PTA/PTSA, an authorized representative of the Pennsylvania PTA or, where directed by the committee on state and national relationships;
j. if unit is incorporated, notify the Pennsylvania Department of State, Bureau of Incorporation, when there is a change of officers;
k. prepare or cause to be prepared, the appropriate IRS 990 form by the 15th day of the 5th month after the end of the fiscal year of this PTA/PTSA;
l. forward to the state PTA office annually:
- a copy of the Form 990N, 990, or 990EZ as required per IRS regulations upon completion; and
- a signed copy of all audit reports to the state office immediately following adoption by the general membership.
m. compile and submit all financial documents necessary to complete an audit to the elected audit committee or approved auditor as directed by the executive board.
Article X: Executive Board
Section 1. The business of this PTA/PTSA shall be managed by the executive board between general membership meetings.
Section 2. Each executive board member shall be a member of this PTA/PTSA.
Section 3. The members of the executive board shall be:
a. elected officers.,
b. Principal and Teacher Representatives
Section 4. Duties of the executive board shall be to:
a. transact business as may be referred to it by the membership of Willow Creek PTA;
b. create standing and special committees and appoint chairmen/coordinator for all committee;
c. approve plans of work of the committees;
d. present a report of all action taken by the Executive board at every general membership meeting of Willow Creek PTA;
e. elect an auditor or an auditing committee to audit the treasurer’s accounts;
f. prepare an annual budget for the upcoming fiscal year, to submitted to the members for adoption at the annual general membership meeting;
g. approve payment of routine bills within the limits of the approved budget;
h. elect delegates to the state convention, and
i. act in emergencies between general membership meetings and have all emergency actions ratified at the next general membership meeting.
Section 5. If any member of the executive board shall at any time cease to meet the qualifications or fulfill the duties of the position as listed in the bylaws, that person shall be removed from the position by a motion adopted first by the executive board and then by the general membership. The vote shall be by a majority.
Section 6. Regular meetings of the executive board shall be held with the date and time to be fixed by the board at its first meeting of the year.
Section 7. Special meetings of the executive board may be called by the president or when requested by a majority of its members upon three(3) (number, not less than two) days’ advance written notice to each member of the board.
Section 8. At all meetings of the executive board, a majority of the members of the board 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 on the board, they shall automatically be relieved of all duties and responsibilities. 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 XI: Committees
Section1. Committees. The executive board shall create such standing and special committees as deemed necessary to promote the purposes and appoint the chairman/coordinator for all committees.
Section 2. Standing Committees. The standing committees of this PTA/PTSA shall be:
listed in the standing rules.
Section 3. Chairman/Coordinator Eligibility. Only members of this PTA/PTSA shall be eligible to serve as a committee chairman/coordinator.
Section 4. Chairman /Coordinator Term.
- The term of office of each committee chairman/coordinator shall be one (1) year or until a successor is appointed.
- A chairman/coordinator shall not be eligible to serve more than three (3) consecutive terms as the chairman/coordinator of the same committee.
Section 5. Chairman/Coordinator Duties. Each committee chairman/coordinator shall:
- present a plan of work to the executive board for approval;
- coordinate all work of the committee;
- perform other duties as assigned by the president; and
- upon the expiration of the term of office or when individuals cease to hold the position, , they shall automatically be relieved of all duties and responsibilities. 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 XII: General Membership Meetings
Section 1. Regular Meetings. This association shall hold a minimum of three (3) general membership meetings during the membership year. A general membership meeting may be held electronically, in the event of an emergency.
- Dates of general membership meetings shall be determined by the executive board and announced at the first general membership meeting of the year, as well as through all communication channels used by this PTA/PTSA. Five (5) days’ advance notice shall be given to the membership of a change of date.
- The annual meeting shall be held in May (insert April, May or June ONLY) at which time the business shall include the election of officers by the members, determination of next year’s local portion of the dues, preliminary annual fiscal report, and presentation of next year’s budget for approval by the membership.
Section 2. Special Meetings. A special meeting of this PTA/PTSA, if needed, shall be called by the president or by the majority of the executive board with three (3) days’ advance notice which shall include the date, time, place and purpose for the meeting. A general membership meeting may be held electronically, in the event of an emergency. No other business shall be discussed or conducted.
Section 3. Quorum. The quorum for the transaction of business in any general membership meeting of this PTA/PTSA shall be seven (7) members.
Article XIII: Council Membership
This article applies only to local units that are a part of a council PTA. If not applicable, write N/A alongside the title and draw an “X” through this section or CAREFULLY delete the content of this Article XIII (EXCEPT the title).
Article XIV: Pennsylvania PTA Convention
Section 1. This PTA/PTSA shall be entitled to be represented at the state convention of the Pennsylvania PTA by the president (or alternate) and local members as shown on the record of the state treasury for the current calendar year, upon payment of the registration fee as determined by the Pennsylvania PTA state board of managers.
Section 2. Delegates or their alternates shall be elected in accordance with Article X: Executive Board, Section 4, Subsection h of these bylaws.
ARTICLE XV: Fiscal Year and Accountability
Section 1. Fiscal Year The fiscal year of Willow Creek PTA shall begin on July 1st and end on the following June 30th). The fiscal year of a PTA/PTSA shall be the same as its accounting year and shall be in accordance with the information provided on the SS-4 form currently filed with the IRS.
Section 2. Banking
- All funds shall be kept in bank accounts in the name of this PTA/PTSA.
- All checks shall be signed by two (2) authorized signers.
- Authorized signers on the bank accounts shall not be related by blood or marriage and shall not reside in the same household.
- There shall be at least three (3) authorized signers listed at the bank.
- The president and treasurer shall be signers, unless prohibited by employment.
- A member shall be appointed by the executive board, who is not an authorized signer on the bank account(s) to open, review, initial/date each bank statement and forward to the treasurer.
Section 3. Financial Audit(s)
- An annual financial audit shall be performed by an auditor approved by the executive board or by an audit committee of at least three (3) members elected by the executive board.
- The auditor or audit committee members shall not be authorized signers, the incoming treasurer, related by blood or marriage and shall not reside in the same household as the authorized signers.
- A report of the findings of the audit shall be submitted in writing to the executive board to be presented to the general membership for adoption by majority vote at the next regular general membership meeting; the report shall be signed and dated by all auditing parties.
b. A financial audit shall also be performed if an authorized signer is added or deleted on any bank account and at any other time deemed necessary by the president or three (3) or more members, by an audit committee that shall be elected by the executive board within five (5) days. (Refer to subsection a.i. and a.ii. above for committee requirements and reporting.)
Article XVI: Dissolution & Withdrawal of Charter
Section 1. This PTA/PTSA shall be subject to withdrawal and the status of such association as a PTA unit shall be subject to termination, in the manner and under the circumstances provided in the bylaws of the Pennsylvania PTA.
Section 2. A PTA/PTSA considering dissolution must:
- contact the state association to arrange for a Pennsylvania PTA representative to speak in favor of continuing PTA/PTSA to the members, at the general meeting at which the vote is to be taken, prior to action being taken to dissolve the unit;
- upon the decision of the executive board to recommend dissolution of the unit, that recommendation shall be presented to the members at the next general membership meeting and shall include an announcement that the vote on the dissolution will be taken at the next regular meeting (a 2/3 vote is required to dissolve);
- require that each person voting to dissolve shall have been member of this PTA/PTSA for at least ninety (90) days;
- arrange for the proper disposal of PTA/PTSA funds and property according to the provisions of these bylaws; and
- provide for the dissolution to take effect immediately after the dissolution is voted and shall not to be post-dated.
Section 3. This PTA/PTSA shall be obligated, upon withdrawal of its charter by the Pennsylvania PTA to:
- yield up and surrender all of its books and records and all of its assets and property to the Pennsylvania PTA, or to such agency as may be designated by the Pennsylvania PTA, or to another local PTA organized under the authority of the Pennsylvania PTA (Refer to #Article III: Principles and Basic Policies, Section 2.c);
- cease and desist from the further use of any name that implies or connotes association with the National PTA or the Pennsylvania PTA or status as a constituent association of the National PTA; and
- promptly carry out, under the supervision and direction of the Pennsylvania PTA, all proceedings necessary or desirable for the purpose of dissolving this PTA/PTSA.
Article XVII: Parliamentary Authority
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern this association and in all cases in which they are applicable and in which they are not in conflict with these bylaw, the Pennsylvania PTA bylaws, or the Articles of Incorporation.
Article XVIII: Amendments
Section 1. Amendment Process. These bylaws may be updated or amended at any general membership meeting of this association by a two-thirds vote of the members present and voting, provided that notice of the proposed amendment shall have been given at least thirty (30) days prior to the meeting at which the amendment is voted upon and that amendment shall be subject to the approval of the Pennsylvania PTA.
Section 2. Final Approval. After adoption at a membership meeting of this PTA/PTSA, the bylaws shall be submitted to the Pennsylvania PTA for approval according to the procedures set forth by the Pennsylvania PTA. Amended bylaws go into effect when a state approved copy is returned to the president of this PTA/PTSA.