DATE: June 2003
District: 11
NAME OF PTA: McKinley Elementary School PTA
CITY: Lakewood
County: Cuyahoga
MEMBER OF: Lakewood COUNCIL
DATE ORGANIZED: February 13, 1917
TYPE: Elementary
IRS IDENTIFICATION: #23-7269-400BYLAWS
ARTICLE I: NAME
The name of this association is the McKinley Elementary School Parent Teacher Association (PTA) of Lakewood. It is a local PTA unit organized and under the authority of the Ohio Congress of Parents and Teachers (Ohio PTA), a branch of National Congress of Parents and Teachers (National PTA).
*ARTICLE II: PURPOSES
Section 1. The purpose of the McKinley School PTA, in common with those of the National PTA and the Ohio 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 purpose of 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 (hereinafter referred to as “Internal Revenue Code”).
*ARTICLE III: BASIC POLICIESThe following are basic policies of the McKinley Elementary School PTA in common with those of the National PTA and the Ohio 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 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 501C(3) of the Internal Revenue Code or (ii) by an organization, contributions to which are deductible under Section 170C(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 Ohio PTA. (see OPTA Article IV, Sec. 2 & 5)
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 OHIO PTA
**Section 1. McKinley PTA shall be organized and chartered under the authority of the Ohio PTA in the area in which this local PTA/PTSA functions, in conformity with such rules and regulations, as the Ohio PTA may in its bylaws prescribe. The Ohio PTA shall issue to this local PTA/PTSA an appropriate charter.A local PTA/PTSA in good standing is one that:
a. Adheres to the purposes and basic policies of the PTA:
b. Remits the National and Ohio PTA portion of dues to the Ohio PTA office by dates designated in Article V, Section 6 of these bylaws;
c. Reviews their bylaws every three (3) years and submits them to the Ohio PTA Bylaws commissioner for further approval. Units shall submit amendments to their bylaws to the Ohio PTA Bylaws Commissioner immediately upon their adoption. Submission may be made by email or U.S. Mail to Ohio PTA Bylaws Commissioner.**Section 2. McKinley PTA shall adopt such bylaws for the government of the organization as may be approved by the Ohio PTA. Such bylaws shall not be in conflict with National PTA or the Ohio PTA Bylaws.
**Section 3. Bylaws of McKinley PTA shall include an article on amendments.
**Section 4. Bylaws of McKinley PTA shall include a provision establishing a quorum.
**Section 5. Each officer or board member of McKinley PTA shall be a member of this local PTA/PTSA.
**Section 6. The bylaws of McKinley PTA shall prohibit voting by proxy.
**Section 7. McKinley PTA shall keep such permanent books of account and records as shall be sufficient to establish the items of gross income, minutes, receipts and disbursements of the organization, including, specifically, the number of its members, the dues collected from its members and the amount of dues remitted to the Ohio PTA. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the Ohio PTA.
**Section 8. The charter of McKinley PTA shall be subject to withdrawal and the status of such organization as a PTA/PTSA unit, shall be subject to termination, in the manner and under the circumstances provided in the Bylaws of the Ohio PTA
**Section 9. Any local PTA/PTSA disbanding or withdrawing from the Ohio PTA shall notify its Ohio PTA District Director or the Ohio PTA office thirty (30) days before a disbanding vote is taken; and be governed by the procedure established by the Board of Managers of the Ohio PTA.
**Section 10. Each local PTA/PTSA, in accordance with the January 1973 ruling by the Internal Revenue Service (IRS) shall:
a. File an annual financial report with the Ohio PTA office;
b. File a Form 990 or 990EZ with a Schedule A if gross receipts exceed $25,000 annually; and
c. Know that the Ohio PTA office staff will apply for an Employer Identification Number (EIN) for each constituent local PTA/PTSA unit.ARTICLE V: MEMBERSHIP AND DUES
**Section 1. Every individual who is a member of McKinley PTA is, by virtue of that fact, a member of the National PTA and of the Ohio PTA by which this local PTA is Chartered, and is entitled to all benefits of such membership.
**Section 2. Each member of McKinley PTA shall pay dues in the amount of $5.00. Such annual dues shall include the portion payable to the Ohio PTA ($1.75) and the portion payable to National PTA ($1.75) payable to the Ohio PTA.
**Section 3. Only members of McKinley PTA in good standing shall be eligible to participate in its business meetings or to serve in any of its elective or appointive positions. A membership card is not interchangeable between PTA/PTSA’s or schools and does not confer membership on more than one individual.
**Section 4. Dues from McKinley PTA shall be submitted to the Ohio PTA office monthly, accompanied by a list with members, with the initial payment due no later than October 31. Local PTA/PTSA’s who have withheld the initial payment of dues later than November 30 shall be a local PTA/PTSA listed as not in good standing.
**Section 5. Members who are under 18 years of age are prohibited under Ohio law from signing contracts that bind the members of the Ohio PTA, or its councils and units.
#Section 6. Local PTA’s or PTSA’s not in good standing as defined in IV, Section 1.
a. November 30:
1. Shall not be eligible for awards;
2. Shall have their unit removed from the mailing list of the Ohio PTA until dues are submitted;
3. Shall not be eligible to participate in the Reflections Programb. March 15:
1. Shall be considered inactive
Section 7. To be reinstated a local unit shall pay current dues and a $20 reinstatement fee, which shall entitle the unit to send voting delegates to the Ohio PTA Annual Convention.
ARTICLE VI: OFFICERS
**Section 1. The officers of McKinley PTA shall be one president, (2) two vice presidents, one secretary and one treasurer and if part of a council, one delegate and one alternate delegate.
ARTICLE VII: NOMINATIONS & ELECTIONSSection 1. There shall be a nominating committee composed of five members, one of whom shall be elected by the executive board from its body at their November meeting, one of whom shall be the principal of the school, and three who shall be elected by the association at a regular PTA meeting at least one (1) month prior to the election.
a. The committee shall elect its own chairperson, with the person receiving the highest number of votes serving as temporary chair until the committee meets. The unit shall provide for one alternate. The president shall not serve on this committee.
b. The nominating committee shall nominate one (1) eligible person for each office to be filled, one delegate and one alternate to council and report its nominees at the regular PTA meeting in March, at which time additional nominations may be made from the floor.
c. Only those individuals who are current members of McKinley PTA and who have signified their consent to serve if elected shall be nominated for, or elected to, such office.Section 2. The following provisions shall govern the eligibility of individuals to be officers of the McKinley PTA:
a. NO officer may be eligible to serve more than two consecutive terms in the same office.
b. A person who has served in an office more than half of a full term shall be deemed to have served a full term in such office.Section 3. Officers, delegates and alternates shall be elected in the month of March.
Section 4. The vote shall be conducted by written 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 5. Officers, delegates and the alternates shall assume their official duties following the close of the annual meeting in May and shall serve for a term of one (1) year or until the election of their successors.
Section 6. In case a vacancy occurs in the office of president, the first vice president shall serve notice of the election. A vacancy occurring in any other elective position shall be filled for the unexpired term by a person elected by a majority vote of the remaining members of the executive board, notice of such election having been given.
ARTICLE VIII: DUTIES OF OFFICERS (Executive Committee)
Section 1. The President shall:
a. Preside at all meetings of this local PTA/PTSA;
b. Serve as an ex-officio member of all committees except the nominating and audit committee;
c. Coordinate the work of the officers and committees of McKinley PTA in order that the purposes may be promoted;
d. Appoint committee chairman with the exception to nominating committee;
e. Perform duties prescribed by these bylaws, standing rules and by the parliamentary authority adopted by the Ohio PTA.Section 2. The vice-president(s) shall:
a. Act as aide(s) to the president;
b. In their designated order, perform the duties of the president in the absence or inability of that officer to serve
c. Perform duties prescribed by these bylaws, standing rules and by the parliamentary authority adopted by the Ohio PTA.Section 3. The recording secretary shall:
a. Record the minutes of all meetings of the association, and shall be custodian of the permanent file;
b. Have a current copy of the bylaws and standing rules;
c. Maintain a membership list;
d. Perform duties prescribed by these bylaws, standing rules and by the parliamentary authority adopted by the Ohio PTA.Section 4. The corresponding secretary shall:
a. Attend to all correspondence of the association, at the direction of the president;
b. Perform duties prescribed by these bylaws, standing rules and by the parliamentary authority adopted by the Ohio PTASection 5. The treasurer shall:
*a. Have custody of the funds and maintain a full and accurate account of the receipts and disbursements belonging to McKinley PTA;
*b. Make disbursements as authorized by the president, executive board, or association in accordance with the approved budget;
*c. Present a financial statement at every meeting of the association and at other times when requested by the executive board;
*d. Present an annual report of the financial condition of the organization;
*e. Have the accounts examined annually or upon change of officer by an auditor or an auditing committee of not less than three (3) members, who, satisfied that the treasurer's report is correct, shall sign a statement of that fact at the end of the report. The executive board shall appoint the auditing committee at least two (2) weeks before the annual meeting.
*f. Report the findings of the annual audit to the executive board;
*g. Forward the National PTA and the Ohio PTA portion of the membership dues to the Ohio PTA office in Columbus at the beginning of each school year. Dues received thereafter must be forward monthly. Local PTA dues shall be accompanied by a list of unit members and must be paid by March 15 to be included in the National membership for the current year. (See Article V).
h. Be responsible for the maintenance of such books of account and records as conform to the requirements of ARTICLEIV, Section 7, and Section 10 of these Bylaws;*i. Perform duties prescribed by these bylaws, standing rules, and by the parliamentary authority adopted by the Ohio PTA.
Section 6. Unit delegates (or alternates) to council shall attend the meeting of Lakewood PTA Council and shall report to the association.
Section 7. All officers shall:
a. Perform the duties prescribed in the parliamentary authority in addition to those outlined in these bylaws and those assigned from time to time.
b. Deliver to their successors all official material no later than fifteen (15) days following the election of their successor, or by the close of the school year, or upon resignation.
ARTICLE IX: EXECUTIVE BOARD
**Section 1. The executive board shall consist of the officers of the association, delegates to council, the chairpersons of standing committees, and the principal of the school or representative appointed by him or her. The members of the executive board shall serve until the election of their successors.
Section 2. The duties of the executive board shall be:
a. To transact necessary business in the intervals between association meetings and such other business as may be referred to it by the association.
b. To create special committees;
c. To approve the plans of work of the standing committees;
d. To present a report at the regular meetings of the association;
e. To appoint an auditor or an auditing committee at least two (2) weeks before the end of the fiscal year to audit the treasurer's accounts;
f. To ensure that a budget prepared and submitted to the association for approval for the fiscal year; and
g. To fill vacancies in elective and appointive positions.
Section 3. 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 2/3 vote in the executive board.
Section 4. Meetings of the executive board shall be held monthly during the school year, the time to be fixed by the board at its first meeting of the year.
Section 5. Special meetings of the executive board may be called by the President or by a majority of the members of the board, 3 days notice being given. No other business than that which is stated in the call shall be transacted at this meeting.
Section 6. At all meetings of the board, three of the members of the Executive board shall constitute a quorum for the transaction of business.
Section 7. Upon the expiration of the term of office or when individuals cease to hold an executive position they shall 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 14 days.
Section 8. A PTA member shall not serve as a voting member of a constituent organization's board at the local, council, state or national level while serving as a paid employee of or under contract to that constituent organization.
ARTICLE X: STANDING COMMITTEES
Section 1. Only members in good standing of the association shall be eligible to participate in its business meetings or to serve in any of its elective or appointed positions. Examples of standing committees consist of: bylaws, legislative, memberships, etc.
Section 2. The executive board may create such standing committees, as it may deem necessary to promote the purposes of PTA and carry on the work of the association.
Section 3. The executive board shall select the chairpersons of the standing committee. The term of each chairman shall be one (1) year and until the selection of a successor.
Section 4. The chairperson of each standing committee shall present a plan of work to the executive committee for approval. No committee work shall be undertaken without the consent of the executive board.
Section 5. The President shall be an ex-officio member of all committees except the nominating committee. An ex-officio member has the right to make motions, debate and vote but is not counted in the quorum.
Section 6. A majority of the members of a committee shall constitute a quorum.
ARTICLE XI: GENERAL MEMBERSHIP MEETINGSSection 1. Regular meetings of the association shall be held during the second full week of any school month, unless otherwise provided by the association or by the executive board. The association shall hold a minimum of three (3) meetings per year. These meetings shall be as follows:
a. September - Approval of the budget.
b. November - Election of the nominating committee.
c. March - Election of officers.Section 2. Special meetings may be called by the President or by a majority of the executive board, three (3) days notice having been given. No other business than that business which is stated in the call shall be transacted at this meeting.
Section 3. Ten (10) members, at least two (2) who are officers, shall constitute a quorum for the transaction of business in any meeting of the association.
Section 4. The officers and chairpersons shall submit yearly reports at the annual meeting in May.
Section 5. The privilege of holding office, introducing motions, debating and voting shall be limited to members of the association whose current dues are paid.
Section 6. This unit shall be entitled to be represented at the annual Ohio PTA Convention by the President or his or her representative, and accredited delegates, provided the unit's dues are paid by March 15. (Ohio PTA Bylaws, ARTICLE XXII, Section 2. c., d., e.)
Section 7. This unit shall be entitled to be represented at the District 11 Conference.
ARTICLE XII: COUNCIL MEMBERSHIP
Section 1. A council may be organized for the purpose of conference and cooperation in matters of common interest, and shall admit only local PTAs in membership with the National PTA and the Ohio PTA. (See Ohio PTA Bylaws, ARTICLE XXI, Councils)
Section 2. McKinley PTA shall be represented in meetings of the Lakewood Council of Parent Teacher Associations by the President or the first vice president, the principal, or his or her representative, and by one (1) delegate or the alternate. All representatives to a council must be members of a local PTA unit.
a. The delegate and alternate shall be elected in March.
b. Delegates to the Lakewood Council of PTAs shall serve for a term of one (1) year.Section 3. This local PTA shall pay annual dues to the Lakewood PTA Council as provided in the council's bylaws.
*ARTICLE XIII: OHIO PTA CONVENTION
Section 1. This PTA shall be represented at the annual meeting of the Ohio PTA by:
a. Elected officers from each PTA unit or council or their representatives;
b. Accredited delegate from local PTA. Local PTA units may send five delegates up to the first one hundred members and three delegates for each additional one hundred members as shown on the books of the Ohio PTA Treasurer.
*ARTICLE XIV: FISCAL YEARThe fiscal year of the Ohio PTA and the local PTA units and councils shall be from July 1 and end on
the following June 30.
*ARTICLE XV: DISSOLUTIONUpon 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 the Ohio PTA, a non-profit organization, which is tax-exempt and meets the requirements of regulations under Section 501C(3) of the Internal Revenue code.
*ARTICLE XVI: PARLIAMENTARY AUTHORITYThe rules contained in the current edition of Robert's Rules of Order, Newly Revised; Tenth Edition shall govern the McKinley PTA in all cases in which they are applicable and in which they are not in conflict with the National PTA Bylaws, the Bylaws of the Ohio PTA, special rules of order or the Articles of Incorporation.
*ARTICLE XVII: AMENDMENTS
Section 1. These bylaws may be amended at any regular meeting of the association by a two-thirds (2/3) vote of the members present and voting, provided that notice of the proposed amendment shall have been given at the previous meeting.
Section 2. McKinley PTA may appoint a committee to submit a revised set of bylaws as a substitute for the existing bylaws only by a majority vote at a meeting of the association, or by a two thirds (2/3) vote of the executive board. The requirement for adoption of a revised set of bylaws shall be the same as in the case of an amendment.
Section 3. All revisions and amendments to the McKinley PTA Bylaws shall be submitted for approval to the Ohio PTA Bylaws Commissioner. The Adoption of an amendment to any provision of these bylaws identified shall serve automatically and without the requirement of any further action by local PTA to amend correspondingly the bylaws of each local PTA. The local PTA shall promptly incorporate such amendments to their respective bylaws.Please Contact a McKinley School PTA Board Member to obtain more information about the PTA Bylaws.
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