Updated Nov 2010
Article I - Name
The name of this organization shall be the Heritage Elementary Parent Teacher Organization (PTO).
Article II - Purpose
The purpose of this organization is:
A. To enhance the education of the children at Heritage Elementary School. B. To promote open communication among parents, teachers, school, administration and community. C. To encourage cooperation among and involvement by administration, teachers, and parents in the educational process.
Article III - Policy
The policy of this organization shall be as follows:
A. The format of this organization shall be the enhancement of education through educational programs, special projects and financial support as directed by the membership. B. The organization shall be non-commercial, non-sectarian and non-partisan. No political candidate shall be endorsed by it. C. The organization shall not seek to direct or control the activities or the policies of the school administration.
Article IV - Membership
Membership in the Heritage Elementary PTO shall be made available:
A. To all parents or legal guardians of children attending Heritage Elementary School. B. To all teachers and administrators of Heritage Elementary School. C. All families with children attending Heritage Elementary School automatically will receive the benefits of the programs, including voting privileges, etc., provided by the Heritage Elementary PTO.
Article V - Meetings
A. Regular meetings of the membership shall be scheduled and publicized by the Executive Board, to occur not less than five times per year. Meetings must be publicized at least two weeks prior to said meeting. B. Special meetings may be called by the Executive Board or any two (2) Trustees. C. The members present shall constitute a quorum for the transaction of business in any meeting. D. Two elected Officers of the organization must be present for transaction of business at any meeting.
Article VI - Executive Officers
A. The Executive Officers of this organization shall consist of: one President or two Co- Presidents, one Vice-President, one Secretary and one Treasurer, hereinafter referred to as either the "Executive Board" or "Executive Officers" B. Executive Officers shall be elected annually in the spring. C. Following the spring election, the incoming Executive Officers will meet with the outgoing Executive Officers prior to assuming their official duties. Executive Officers shall assume their official duties the day after the school year ends and shall serve for a term of one year. D. A person shall be eligible to serve for two consecutive terms in the same office. However, if no other person is elected, the current officer may serve until a replacement is elected. Every effort should be made so that no one person holds the same office for greater than three years. E. If any office should become vacant during the school year, the Board of Directors will notify the membership of the vacancy within five (5) school days. The Board of Directors shall either elect to absorb the responsibilities of the vacant Executive Officer position for the remainder of the school year or appoint, if necessary, a member of the Board of Directors to serve in the interim until an special election can be held. If a special election will be held, the Nominations Committee will accept nominations for the vacant position for ten (10) school days following the special election announcement. The special election will be completed no later than twenty (20) school days from the special election announcement. In the event that no nominations are received for the vacant position, the Board of Directors may appoint a consenting member of the PTO to serve the remainder of the regular term of office. In the event of an appointment or special election, this partial term shall not count towards any term of office limitations in these By-Laws.
Article VII - Duties of Executive Officers
A. The duties of the President or Co-Presidents shall be:
- To preside at all meetings of the organization.
- To call special Executive Board/Board of Directors' meetings at his/her/their discretion.
- To appoint committees not otherwise provided.
- To make provisions for the carrying out of duties of absent members.
- To coordinate the work of the Officers and Committees of the organization in order that the objectives may be promoted.
- To perform such other duties as are customarily assigned to the office of President.
B. The duties of the Vice-President shall be:
- To aid the President or Co-Presidents in organizing the work of the PTO.
- To assume pro tem ore the duties of the President in case of the absence or disability of the President or Co-Presidents.
- To be responsible for scheduling PTO-sponsored programs for the school.
C. The duties of the Secretary shall be:
- To record the complete minutes of all meetings of the organization and of all Board meetings.
- To maintain a current copy of the bylaws.
- To perform all other such duties as may be delegated to him/her.
D. The duties of the Treasurer shall be:
- To be duly bonded on a continuing basis and to have full custody of all the funds of the organization.
- To keep a full and accurate account of receipts and expenditures.
- To make disbursements as authorized by the organization, the Board of Directors or a special committee. In the event of extenuating circumstances that do not allow the Board of Directors or organization to meet despite all reasonable efforts to authorize an expenditure, the Treasurer may disburse amounts not to exceed two hundred and fifty dollars ($250) if the expenditure is approved as necessary and appropriate by the majority of the Executive Officers. Checks, vouchers, or electronic withdrawals or debits can be signed by one or two persons, the Treasurer and the President or Co-Presidents).
- To present a financial statement at every meeting of the organization and at other times when requested by the Board, and to make a full report at the annual meeting in May.
- To arrange for the Treasurer's accounts to be examined annually by an auditor who, satisfied that the Treasurer's annual report is correct, shall sign a statement of that fact. The auditor is to be announced at the May meeting. The Treasurer's accounts are to be given to the auditor by September 1st..
- To ensure that a reasonable balance is left in the account. The specific amount shall not be less than one thousand dollars ($1,000).
E. The duties of the Executive Board shall be:
- To transact necessary business in the intervals between organization meetings and such other business as may be referred to it by the organization.
- To create standing committees.
- To outline and approve the plans of work, including budgets, of the standing committees.
- To present a report at the regular meetings of the organization.
- To appoint an auditor to audit the Treasurer's accounts.
- To report the results of the audit at the September meeting, such report will become part of the permanent Treasurer's record and will be on file in the principal's office.
F. All Officers shall perform the duties outlined in these bylaws and those assigned from time to time. Upon expiration of the term of office, or in case of resignation, each officer shall turn over to his/her successor all records, books and other materials pertaining to the office, and shall return to the Treasurer all funds pertaining to the office.
Article VIII - PTO Board of Directors
A. The PTO Board of Directors shall consist of the Executive Officers and at least two (2) members of the general PTO membership appointed by the Executive Board, and ratified by the general membership, to serve as trustees, the purpose being to make financial decisions or decisions between regular PTO meetings. The Board of Directors shall always consist of an odd number of members to prevent a voting deadlock.
B. Each member of the Board of Directors shall hold his/her office until his/her successor is elected in the case of Executive Officers or appointed and ratified in the case of Trustees and duly qualified, subject to earlier termination by removal or resignation. The Board of Directors shall consist of all Executive Officers along with such other trustee positions.
C. In appointing trustees, the incoming Executive Officers shall make a reasonable effort to select at least one (1) member of the outgoing Executive Board whose term has expired as a trustee for the upcoming school year in order to provide institutional continuity.
D. Any Executive Officer or any two (2) trustees may call for special meetings of the Board of Directors.
Article IX - Personal Liability of Board of Directors
The Board of Directors, including the Executive Officers, shall not be personally liable for monetary damages as such for any action taken, or failure to take action unless:
A. The individual breached or failed to perform the duties of his/her office as defined herein,
and B. The breach or failure to perform constitutes self-dealing, willful misconduct or recklessness.
Article X - Nominations and Elections
A. The spring election shall be held during the regular PTO meeting in April.
B. There shall be a Nomination/Elections Committee of at least three members, representing as many grade levels as possible. No nominee for an Executive Officer or other elected position may serve on the Elections/Nominations Committee.
C. The Nominations/Elections Committee shall be announced two months prior to elections.
D. Any parent, legal guardian or teacher may nominate himself, herself or a third person for any Executive Office. In addition, the Nomination/Elections Committee shall nominate at least one eligible person for each Executive office to be filled, and report and publish its nominees at least one month prior to the elections. Only those persons who have signified their consent to service will have his or her name placed on the election ballot.
E. The Nominations/Elections Committee will develop, print, number and distribute ballots and ensure that each Heritage household receives one (1) ballot. Only the original ballots distributed by the Nominations/Elections Committee will be accepted and counted by the Nominations /Elections Committee.
F. The Nominations/Elections Committee shall publicize the election date and time.
G. Write-ins will be accepted the day of elections.
H. The Nomination/Elections Committee is automatically discharged following the completion of the elections.
Article XI - Standing and Special Committees
A. The Executive Board may create committees as it may deem necessary to promote the objectives and carry on the work of the organization. The term of each chair shall be one school year Committee chairs may request an appointment by the Executive Board for a second term. Every effort should be made so that no one person holds the same chair position for greater than three school years.
B. No committee work shall be undertaken without the consent of the Executive Board.
C. Committee chairs must provide the President or Co-Presidents with a monthly status report so that the PTO membership may receive up-to-date information at meetings,
through the PTO newsletter or by any other mechanism to distribute information established by the President or other Executive Officers.
D. The President or Co-President(s) shall be a member(s) ex officio of all committees except the Nomination/Elections Committee.
Article XII - Tax Exempt Status
The following items are added to these by-laws in compliance with the Internal Revenue code guidelines for qualification as an exempt organization under Section 501(c)(3):
A. Said organization is organized exclusively for charitable and educational purposes including, for such purposes, the making of distributions to organizations that qualify as exempt organization under Section 501(c)(3) of the Internal Revenue Code (or corresponding provisions of any future United States Internal Revenue Law). The corporation does not contemplate pecuniary gain or profit, incidental or otherwise.
B. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, directors, 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 purpose set forth in (A)
No substantial part of the activities of the organization shall be carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on:
a) By an organization exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue code (or the corresponding provisions of any future United States Internal Revenue Law) or b) By any organization, contribution to which are deductible under Section 170(c)(2) of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue Law).
C. Upon dissolution of the organization, the Board of Directors shall, after paying or making provisions for the payment of all the liabilities of the organization dispose of all of the assets of the organization in such a manner, or to such organization(s) organized and operated exclusively for charitable or educational purposes at the time shall qualify as an exempt organization(s) under Section 501(c)(3) of the Internal Revenue Code (or
the corresponding provisions of any United States Internal Revenue Law), as the Board of Directors shall determine. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the County in which the principal office of the organization is then located, exclusively for such purposes or to such organization(s), as said Court shall determine, which are organized and operated exclusively for such purpose.
Article XIII - Amendments
A. Amendments to the by-laws of this organization may be made at any regular meeting by a 2/3 vote of the members present and voting, provided that notice of the proposed amendment(s) shall have been given at least thirty days prior to the meeting at which the amendment(s) is/are voted upon. B. A committee may be appointed to submit a revised set of by-laws as a substitute for the existing by-laws only by a majority vote at the meeting of the organization, or by a 2/3 vote of the Board of Directors. The requirements for adoption of a revised set of by-laws shall be the same as in the case of an amendment. C. By-laws shall be reviewed and revised as necessary every five years or as required by applicable law.
NOTE: This unit of the Heritage PTO By-Laws was amended in August, 2010, to be reviewed and revised for the 2015-16 school year.
Lori Posey President, 2010-2011 Heritage Elementary PTO