BYLAWS
of the
Kemptown Elementary School
Frederick Parent Teacher Association
National PTA ID#: 00020973
A Local Unit OF PARENTS AND TEACHERS OF THE MARYLAND BRANCH OF THE NATIONAL CONGRESS
MARYLAND PTA FORMAT REVISED
APRIL 2003
FOR OFFICE USE ONLY
Approved By Local June 7, 2005
Approved By State December 30, 2005
Resubmittal Due By June 7, 2008
#Article I: Name
The name of the organization is the Kemptown Elementary Parent Teacher Association (PTA), Monrovia, Maryland. It is a local PTA organized under the authority of the Maryland Congress of Parents and Teachers, Inc. (Maryland PTA), a branch of the National Congress of Parents and Teachers (National PTA).
#Article II: Purposes
Section 1. The Purposes of the Kemptown Elementary PTA 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 National PTA, the Maryland PTA, and the Kemptown Elementary PTA are promoted through an advocacy and 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 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 (hereinafter “Internal Revenue Code”).
#Article III: Basic Policies
The following are basic policies of the Kemptown Elementary PTA, in common with those of the National PTA and the Maryland PTA:
a. The organization shall be noncommercial, nonsectarian, and nonpartisan.
b. The organization shall work with the schools 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 board 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 the 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 the National PTA.
g. The organization or members in their official capacities shall not, directly or indirectly, participate or intervene (in anyway, 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 local PTA shall be organized and chartered under the authority of the Maryland PTA in the area in which this local PTA functions, in conformity with such rules and regulations, not in conflict with the National PTA Bylaws, as the Maryland PTA may in its bylaws prescribe. The Maryland PTA shall issue to this local PTA an appropriate charter evidencing the due organization and good standing of this local PTA.
A local PTA in good standing is one that:
a. Adheres to the Purposes and basic policies of the PTA;
b. Remits the national and state dues to Maryland PTA office by dates designated;
c. Has bylaws approved every three (3) years according to the procedure of Maryland PTA; and
d. Has a minimum of twenty-five (25) members.
Section 2. All PTAs shall be incorporated.
Section 3. The articles of organization of this local PTA include (a) the bylaws of such organization and (b) the certificate of incorporation or articles of incorporation of such organization.
Section 4. This local 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 5. Bylaws of this local PTA shall include an article on amendments.
Section 6. Bylaws of this local PTA shall include a provision establishing a quorum.
Section 7. Each officer or board member of this local PTA shall be a member of this local PTA.
Section 8. The bylaws of this local PTA shall prohibit voting by proxy, mail (including electronic communications), or absentee.
Section 9. A PTA member shall not serve as a voting member of this local PTA’s board while serving as a paid employee of, or under contract to, this local PTA.
Section 10. Only members of this local PTA who have paid dues for the current membership year may participate in the business of this local PTA.
Section 11. This local PTA shall collect dues from its members and shall remit a portion of such dues to the Maryland PTA as provided in Article V hereof.
Section 12. The members of the nominating committee for officers of this local PTA shall be elected by the general membership, board of directors/managers, executive board, or executive committee.
Section 13. All PTAs shall have bonding and liability insurance.
Section 14. This local PTA 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 Maryland PTA. 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 sate and national relationships, by a duly authorized representative of the National PTA.
Section 15. The charter of this local PTA shall be subject to withdrawal and the status of such organization as a local PTA shall be subject to termination, in the manner and under the circumstances provided in the bylaws of the Maryland PTA.
Section 16. This local 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 local 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 Kemptown Elementary PTA.
Section 17. This local PTA shall include in its bylaws provisions corresponding to the provisions of state bylaws identified by the number symbol (#).
Article V: Membership and Dues
#Section 1. Every individual who is a member of this local PTA is, by virtue of that fact, a member of the National PTA and of the Maryland PTA by which this local PTA is chartered, and is entitle to all the benefits of such membership.
#Section 2. Membership in this local PTA shall be made available by this local 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 bylaws, as may be prescribed in the bylaws of this local PTA, to any individual who subscribes to the Purposes and basic policies of the National PTA.
#Section 3. This local PTA shall conduct an annual membership campaign but shall continue to admit individuals to membership at any time.
#Section 4. Each member of this local PTA shall pay such annual dues (including local, state, and national) as may be prescribed by the organization. The amount of the state portion of each member’s dues shall be one dollar and fifty cents ($1.50) per annum. The national portion of each member’s dues shall be as recommended by the board of directors and approved by a two-thirds (2/3) majority of the voting body at the National PTA Annual Convention. Each local PTA shall remit the state and national portion of the dues to reach the Maryland PTA office by the dates designated by the Maryland PTA.
#Section 5. Each member of this local PTA shall pay annual dues of an amount to be determined annually by the executive board. The amount of such annual dues shall include the portion payable to the Maryland PTA and the portion payable to the National PTA.
Article VI: Officers and Their Election
#Section 1. Each officer shall be a member of this local PTA.
Section 2. Officers and their election:
a. The officers of this local PTA shall be a president, one vice president, a secretary, a treasurer, and two delegates to the PTA Council.
b. Officers shall be elected by ballot at the annual general membership meeting, to be the last general meeting of the school year. However if there is but one nominee for any office, election for that office may be by voice vote. A majority vote shall be required for election.
c. Officers shall assume their official duties July 1 and shall serve for a term of one year or until their successors assume their official duties.
d. An officer shall not be eligible to serve more than two (2) consecutive terms in the same office. An officer who has served in an office for more than one half a full term shall be deemed to have served a full term in such office.
Section 3. Nominating Committee:
#a. There shall be a nominating committee composed of three (3) members who shall be elected by the Executive Board. The committee shall elect its own chairman.
b. The nominating committee shall be elected at least two (2) months prior to the election of officers.
c. The nominating committee shall nominate an eligible person for each office to be filled and report its nominees to the general membership at least ten (10) days prior to the last general membership meeting of the school year, at which time additional nominations may be made from the floor.
d. Only those individuals who are current members of this local PTA and who have signified their consent to serve if elected shall be nominated for, or elected to, such office.
Section 4. 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. In case a vacancy occurs in the office of president, the first vice president shall serve notice of the election.
Article VII: Duties of Officers
Section 1. The president shall preside at all meetings of this local PTA and of the executive board; shall perform such other duties as may be prescribed in these bylaws or assigned by this local PTA or by the executive board; shall coordinate the work of the officers and committees of this local PTA in order that the Objects may be promoted; and shall be a member ex officio of all committees except the nominating committee.
Section 2. The vice president shall act as aide to the president; shall in their designated order perform the duties of the president in the absence or inability of that officer to serve; and shall perform other delegated duties as assigned.
Section 3. The secretary shall record the minutes of all meetings of this local PTA and of the executive board; shall file all records; shall have a current copy of the bylaws; shall maintain a current membership list; and shall perform other delegated duties as assigned.
Section 4. The treasurer shall have custody of all funds of this local PTA; shall keep a full and accurate account of receipts and expenditures; shall make disbursements as authorized by the president, executive board, or this local PTA in accordance with the budget adopted by this local PTA; shall present a written financial statement at every meeting of the executive board and of the general membership and at other times when requested by the executive board; shall make a full report before the newly elected officers officially assume their duties; shall be responsible for the maintenance of such books of account and records as conform to the requirements of Article IV, Section 14 of these bylaws; shall be responsible for preparing and filing all necessary tax forms; shall have the accounts examined at the close of the fiscal year and upon change of treasurer by an auditor or an auditing committee of not less than three persons, who, satisfied that the treasurer’s annual report is correct, shall sign a statement of that fact at the end of the report. An auditor or an auditing committee shall be selected by the executive board at least thirty (30) days before the new officers assume their duties.
#Section 5. All PTAs shall have checks and vouchers signed by two persons (the treasurer and one other officer).
#Section 6. All PTAs shall submit a copy of the treasurer’s annual report, reviewed by an auditing committee, to Maryland State PTA or their qualified designee.
Section 7. 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, and shall return to the treasurer, without delay, all funds pertaining to the office.
Article VIII: Executive Board
#Section 1. Each board member shall be a member of this local PTA.
Section 2. The executive board shall consist of the officers of this local PTA, the chairmen of standing committees, the delegates to the PTA Council, and the principal of the school or a representative appointed by him. The chairmen of the standing committees shall be elected by the officers of this local PTA. The president may appoint a parliamentarian (non-voting), subject to the approval of the officers of this local PTA.
#Section 3. A PTA member shall not serve as a voting member of this local PTA’s executive board while serving as a paid employee of, or under contract to, this local PTA.
Section 4. The duties of the executive board shall be (a) to transact necessary business in the intervals between general membership meetings and such other business as may be referred to it by this local PTA; (b) to create standing and special committees; (c) to approve the plans of work of the standing committees; (d) to present a report at the general membership meetings of this local PTA; (e) to select an auditor or an auditing committee to audit the treasurer’s accounts; (f) to prepare and submit an annual budget to this local PTA’s general membership for adoption; (g) to approve routine bills within the limits of the adopted budget.
Section 5. Regular meetings of the executive board shall be held during the year, the time to be fixed by the board at its first meeting of the fiscal year. A majority of the executive board members shall constitute a quorum. Special meetings of the executive board may be called by the president or by a majority of the members of the board seven (7) days’ notice having been given.
Section 6. If any member of the executive board 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 resolution adopted by the executive board.
Article IX: Committees
#Section 1. Only members of this local PTA shall be eligible to serve in any elective or appointive positions.
Section 2. The executive board may create such standing committees as it may deem necessary to promote the Objects and carry on the work of this local PTA. The term of each chairman shall be one (1) year or until the election of a successor.
Section 3. The chairman of each standing committee shall present a plan of work to the executive board for approval. No committee work shall be undertaken without the consent of the executive board.
Section 4. The power to form special committees and appoint their members rests with the executive board.
Section 5. The president shall be a member ex officio of all committees except the nominating committee.
Article X: General Membership Meetings
Section 1. At least four (4) general membership meetings of this local PTA shall be held during the school year. Dates of meetings shall be determined by the executive board and announced at the first general membership meeting of the fiscal year. Seven (7) days’ notice shall be given of a change of date.
Section 2. Special general membership meetings of this local PTA may be called by the president or by a majority of the executive board, seven (7) days’ notice having been given.
Section 3. The annual general membership meeting (election meeting) shall be the last general meeting of the school year.
#Section 4. Sixteen (16) members shall constitute a quorum for the transaction of business in any general membership meeting of this local PTA.
#Section 5. Only members of this local PTA who have paid dues for the current membership year may participate in the business of this local PTA.
Article XI: Council Membership
Section 1.
a. This local PTA shall be represented in meetings of the PTA Council of Frederick County by the president or alternate, the principal or alternate, and by two (2) delegates or their alternates. All representatives to the council must be members of this local PTA.
b. Delegates shall be elected at the annual meeting (to be the last general meeting of the school year).
c. Delegates to the PTA Council of Frederick County shall serve for a term of one (1) year.
Section 2. This local PTA shall pay annual dues to the PTA Council of Frederick County as provided in the council bylaws.
Article XII: Maryland PTA Convention
Section 1. This local PTA shall be entitled, upon payment of registration, to be represented at the annual meeting of the Maryland PTA by the president or alternate, two (2) other officers or their alternates, and one (1) delegate for every fifty (50) members or major fraction thereof.
a. This local PTA must be in good standing annually as of March 31.
b. All representatives to the Maryland PTA convention must be members of this local PTA.
c. Delegates and their alternates shall be chosen according to the guidelines established by this local PTA.
#Article XIII: Fiscal Year
The fiscal year of this local PTA shall begin on July 1 and end on the following June 30.
#Article XIV: Parliamentary Authority
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Kemptown Elementary PTA in all cases in which they are applicable and in which they are not in conflict with these bylaws, the National PTA Bylaws, the Maryland PTA bylaws, or the articles of incorporation.
Article XV: Amendments
Section 1.
a. These bylaws may be amended at any general membership meeting of this local 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 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.
b. 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 local PTA, or a two-thirds vote of the Executive Board. A committee to carry out this task shall be appointed by the Executive Board. The requirements for adoption of a revised set of bylaws shall be the same as in the case of an amendment.
c. Submission of amendments or revised bylaws for approval by the Maryland PTA shall be in accordance with the bylaws of the Maryland PTA.
Section 2. The adoption of an amendment to any provision of the bylaws of the Maryland PTA identified by a number symbol (#) shall serve automatically and without the requirement of further action by the Kemptown Elementary PTA to amend their corresponding bylaws.
These bylaws are submitted by an existing PTA in Maryland and were approved at a GENERAL MEMBERSHIP MEETING of the PTA-Kemptown Elementary School Parent Teacher Association on ___________________.
Peter Majka
__________________________________ __________________________________
(Printed Name) Secretary (Signature) Secretary
These bylaws were approved by the Maryland PTA on December 30, 2005.
Please return our approved copy of these bylaws to:
Name: Robin Yaure Title: President, Kemptown Elementary PTA
Street: 3222 Winmoor Drive City: Ijamsville
County: Frederick Zip: 21754
If Maryland PTA has questions or must decline these bylaws, the person to contact is:
Name: Greg Hall Title: Vice President, Kemptown Elementary PTA
Street: 3228 Winmoor Drive City: Ijamsville
County: Frederick Zip: 21754
Phone (H): 301-865-4454 Email: gregmhall@aol.com
Phone (W): 301-444-2204
FOR MARYLAND PTA USE ONLY
ACTION OF MARYLAND CONGRESS OF PARENTS AND TEACHERS, INC.
APPROVED __________________________
_____________________________________
Local Bylaws Chairman, Maryland PTA
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