TO: Local PTA Presidents, Delegates, MCCPTA Executive
Board
FROM:
Vicki Rafel, MCCPTA Bylaws Chair
RE: Thirty-days’
Notice of Proposed MCCPTA Bylaws
Revision
At
the January 24th Delegate Assembly, the attached proposed MCCPTA
bylaws revision will be on the agenda.
The proposed bylaws amendments and revision were reviewed by the MCCPTA
Executive Board on December 1st and approved for referral to the
January Delegate Assembly for action.
The
MCCPTA bylaws committee and executive board have recommended six amendments to
the bylaws that are detailed below.
Maryland PTA has issued a new format for council bylaws (just as they do
for local PTAs) which rearranges the current order of articles and some
sections and includes some new language, both mandatory and strongly
recommended. The Maryland PTA
requirements do not significantly change the way that MCCPTA functions; they
simply clarify some procedures and processes.
The
amendments being proposed are as follows:
Maryland
PTA’s bylaws format is supposed to make the arrangement of council bylaws
consistent across the state. The order
of articles they use is slightly different than in the current MCCPTA bylaws,
and some sections have been moved to other articles for consistency. There are some required articles and sections
indicated with a #sign that we are required to use. The only places we’ve deviated from those
#signs are the sections that relate to a quorum; Maryland PTA uses “majority” although they do
not specify a “majority of what” (in office, present and voting, etc.) Current parliamentary procedure training
recommends using specific numbers rather than “majority” or percentage to
determine the quorum. We are going to
request that Maryland PTA accept the numbers that we currently use for quorums.
As
you read through the proposed bylaws and compare it to the current bylaws, you
will see some changes in location or terminology. We have tried to incorporate features of the
current bylaws which are integral to the way we operate (like the article on
area vice presidents, cluster coordinators, and their election which is not
even mentioned in Maryland PTA’s format) into the draft. Where the language suggested by Maryland PTA
to say the same thing as the current bylaws is clearer, we have used Maryland
PTA’s language.
One
change that will catch your eye is the term “Board of Directors” being used
instead of “Executive Board.” The
functions and role of the “Board of Directors” are not different from the
current “Executive Board” with one exception which will be detailed below. Although Maryland PTA did not provide a
rationale for this change, such usage is consistent with the structure of
Maryland PTA and with the usage of large nonprofit corporations.
Article
VIII, Section 8 – Board of Directors, Removal from Office is a new section
although it is based on the parliamentary authority of Robert’s Rules of
Order. This is clearer and more specific than the complex process detailed
in Robert’s. National
PTA and Maryland PTA as well as many parliamentarians recommend that an
organization’s bylaws have a section on removal from office.
You
will note that Article IX: Executive Committee codifies MCCPTA’s long-standing
practice of the elected officers meeting to set agendas, etc. This is consistent with Robert’s Rules of
Order and makes clear that this group cannot make policy decisions for
MCCPTA. The only change from our current
bylaws is that this group will elect committee chairs rather than having the
executive board (board of directors) “approve committee chairs appointed by the
president” as is done now. According to
legal and parliamentary advice, only those elected by the whole voting body of
MCCPTA are “elected officers”; area vice presidents and cluster coordinators
are elected by smaller segments of the organization and do not have the same
status.
We
appreciate your careful reading of this memo and of the proposed bylaws. We will be voting on them at the January 24th
delegate assembly.
If
you have questions, please call or email Vicki Rafel, chair of the bylaws
committee.
(301)
657-2425 or norvic@erols.com
MCCPTA BYLAWS
ARTICLE PAGE
ARTICLE I NAME………………………………………………………….2
ARTICLE II PURPOSES…………………………………………………….2
ARTICLE III BASIC POLICIES……………………………………………..2
ARTICLE IV RELATIONSHIP WITH NATIONAL & MARYLAND PTA..3
ARTICLE V PURPOSES OF MCCPTA…………………………………….5
ARTICLE VI OFFICERS AND THEIR ELECTION…………………………5
ARTICLE VII DUTIES OF OFFICERS………………………………………..7
ARTICLE VIII BOARD OF DIRECTORS……………………………………..8
ARTICLE IX EXECUTIVE COMMITTEE…………………………………..9
ARTICLE X AREA VICE PRESIDENTS, CLUSTER COORDINATORS,
AND THEIR ELECTION…………………………….10
ARTICLE XI COMMITTEES………………………………………………..12
ARTICLE XII GENERAL MEMBERSHIP (VOTING BODY)……………...12
ARTICLE XIII GENERAL MEMBERSHIP MEETINGS……………………12
ARTICLE XIV COUNCIL MEMBERSHIP…………………………………...13
ARTICLE XV FISCAL YEAR………………………………………………..13
ARTICLE XVI FINANCIAL MANAGEMENT………………………………14
ARTICLE XVII PARLIAMENTARY AUTHORITY………………………….14
ARTICLE XVIII AMENDMENTS………………………………………………14
The
name of this organization is the Montgomery County Council of Parent Teacher
Associations, Inc., Maryland (MCCPTA).
It is a PTA council organized under the authority of the Maryland PTA, a
branch of the National PTA. The
organization will be referred to in these bylaws as MCCPTA.
#Article II: Purposes
Section
1. The Purposes of MCCPTA 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
Section 1. This PTA council shall be organized and chartered under the authority of the Maryland PTA in the area in which this PTA council functions, in conformity with such rules and regulations, as the Maryland PTA may in its bylaws prescribe. The Maryland PTA shall issue to this PTA council an appropriate charter evidencing the due organization and good standing of this PTA council.
A PTA council in good standing is one that:
Section 2.
This PTA council 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 PTA council shall include an article on amendments.
Section 4.
Bylaws of this PTA council shall include a provision establishing a
quorum.
Section 5.
Each officer or board member of this PTA council shall be a member of a
local PTA within its area.
Section 6.
The bylaws of this PTA council shall prohibit voting by proxy, mail
(including electronic communications), or absentee.
Section 7.
All PTA councils shall be incorporated.
Section 8.
All PTA councils shall have bonding and liability insurance.
Section 9.
All PTA councils 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 PTA council’s board while
serving as a paid employee of, or under contract to, this PTA council.
Section 11.
The members of the nominating committee for officers of this PTA council
shall be elected by the general membership.
Section 12. Each
PTA council shall designate a representative to serve on the Maryland PTA Board
of Directors according to council guidelines.
Section 13.
The charter of a PTA 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 PTA council 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 PTA council 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 MCCPTA.
Section 15.
The articles of organization of this PTA council include (a) the bylaws
of such organization and (b) the certificate of incorporation or articles of
incorporation of such organization.
Section 16.
This PTA council 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 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.
Section 1. The Purposes of this PTA council are to:
a.
unify and strengthen local PTAs comprising the PTA council;
b. provide for the conference
and cooperation of the local PTAs in the PTA council 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: PTA councils shall not
dictate to local PTAs; legislate for the local PTAs, including taking action
involving member PTAs and setting up rules for them without their consent;
duplicate the work or program of the local PTAs; compete with local PTAs;
compel local PTAs to enter into council projects; or assess local PTAs for
funds without their consent.
Section
1. The elected officers of MCCPTA shall
be a president, a vice president for educational issues, a vice president for
administration, a vice president for programs, a vice president for
legislation, a recording secretary for delegate assemblies, a
recording secretary for board of
directors meetings, and a treasurer.
Section
2. These officers shall be elected at
the Annual Meeting in the month of April and shall assume their duties after
installation, except for the treasurer who takes office on July 1.
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 in MCCPTA:
#a. Each officer shall be a member of a local PTA
within the area of this PTA
council.
b. Only members of a local PTA
whose National, 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 one year or until a successor is
elected. No officer except the treasurer
may be eligible to serve more than two (2) consecutive terms in the same
office. The treasurer may serve three
(3) consecutive terms.
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. Nominating Committee
No member of the nominating committee may serve two
(2) consecutive terms.
Section
6. If the office of president becomes
vacant, the vice president for educational issues shall become acting president
until a replacement has been elected at a Delegate Assembly. A vacancy in any office other than president
may be filled by a temporary appointment made by the president and approved by
the Board of Directors until such vacancy can be filled pursuant to the process
set forth in this Article.
Section
7. The seated nominating committee will
identify a nominee to fill a vacancy in any office within two (2) weeks of
notification of said vacancy.
Notification of the election to fill the vacancy will be made prior to the
delegate assembly at which the election will occur.
The
president shall preside at all meetings of MCCPTA, its Board of Directors, and its
Executive Committee; serve as an ex-officio member of all committees except the
nominating committee; shall help to extend PTA work into all parts of
Montgomery County, keeping it in harmony with the State plan; shall be a member
of the Maryland PTA Board of Directors and attend all its meetings as provided
in the Maryland PTA bylaws and standing rules; shall represent MCCPTA in
meeting with Montgomery County and Montgomery County Public Schools officials;
shall coordinate the work of the officers, area vice presidents, cluster
coordinators, and committee chairmen in order to promote the purposes of
MCCPTA; shall sign all orders on the treasury of the council; and shall perform
such other duties as he/she may be assigned by the Board of Directors.
Section
2. Vice Presidents.
Section
3. Secretaries
Section
4. The treasurer shall have custody of
the funds of MCCPTA; maintain a full account of the funds of this PTA council;
submit a proposed annual budget prepared in consultation with the MCCPTA budget
committee to the Board of Directors and the membership for approval; make
disbursements in accordance with the budget adopted by this PTA council; # have
checks or vouchers signed by two people, the treasurer and one other authorized
officer; keep a full and accurate account of the receipts and disbursements in
the books of this council; provide a written financial statement to the board
of directors and delegate assembly at every meeting; be responsible for
preparing and filing all necessary tax forms; submit the books for audit to an
auditor or an auditing committee approved by the Board of Directors annually
during the month of July; prepare and submit an annual financial report at the
end of the fiscal year; report the findings of the annual audit to the board of
directors and to Maryland PTA; perform such other duties as may be assigned.
Section
5. Officers shall:
Section
1. The affairs of MCCPTA shall be
managed by the board of directors in the intervals between general membership
meetings.
#Section
2. Each member of the board of directors
shall be a member of a local PTA in this council whose National, state, and
council PTA dues are paid.
Section
3. The members of the board of directors
shall be elected officers, area vice presidents, cluster coordinators, chairs
of committees, immediate past president of MCCPTA, and members of the
Maryland PTA board of directors residing in
Section
4. Duties of the board of directors
shall be to:
Section
5. Regular meetings of the board of directors shall be held each month except
July unless the board of directors votes exceptions.
Section
6. Special meetings of the board of
directors may be called by the president or shall be called upon the request of
a majority of its members. At least five
(5) days’ notice of such a special meeting shall be given.
Section
7. At all meetings of the board of
directors, fifteen members of the board of directors shall constitute a quorum.
Section
8. Removal from office.
The
board of directors by a two-thirds (2/3) vote may remove any member of the
board of directors who fails to perform duties as outlined in these bylaws
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, or ceases
to meet the qualifications for service.
The board of directors shall notify, by certified mail at least seven
(7) days prior to the meeting of determination, the member of his/her right to
appear before the board of directors.
Section
9. Upon the expiration of the term of
office or when individual ceases 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 within fourteen (14) days.
Section
1. There shall be an executive committee
of MCCPTA, the members of which shall be all elected officers.
#Section
2. Each executive committee member shall
be a member of a local PTA whose National, state, and council PTA dues are
paid.
Section
3. Regular meetings of the executive
committee shall be held with the dates and times fixed by the executive
committee at its first meeting of the year.
Special meetings of the executive committee may be called by the
president or upon written request of three (3) members with two (2) days’
notice to each member of the executive committee.
Section
4. At all meetings of the executive
committee, five members of the executive committee shall constitute a quorum.
Section
5. Duties of the executive committee
shall be to:
Section
6. The executive committee shall take no
action in conflict with any action taken by the board of directors.
Section
1. Area vice presidents and cluster
coordinators shall be members of local PTAs whose National, state, and council
PTA dues have been paid in their respective areas or clusters.
Section
2. Area vice presidents
Section
3. Cluster coordinators
Section
4. Elections
Section
5. Vacancies
#Section
1. Only members of this PTA council or
of the local PTAs constituting this PTA council shall be eligible to serve in
any elected or appointed positions.
Section
2. The board of directors may establish
such committees as it may deem necessary to promote the purposes of MCCPTA and
to carry out the work of MCCPTA.
Section
3. Chairs of standing committees shall
be elected by the executive committee.
Section
4. The term of office of a committee
chair shall be one (1) year or until the selection of a successor. Chairs shall assume their duties July 1st. Chairs may be re-elected by the executive
committee for additional terms.
Section
5. Special committees may be appointed
by the president when such committees are deemed necessary by the Board of
Directors or by MCCPTA.
Section
6. 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
7. A person elected by a majority vote
of the executive committee shall fill a vacancy occurring in any chairmanship
for the remainder of the term.
Article XII: General
Membership (Voting Body)
Section
1. The general membership (voting body)
of MCCPTA shall consist of the board of directors, the presidents of each local
PTA or their alternates, and delegates from each local PTA or their alternates
as specified in Section 2 of this article.
Section
2. In addition to the local PTA
president, each local PTA shall be entitled to be represented by two delegates
or their alternates, 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.
Section
1. MCCPTA shall hold at least (5)
regular meetings in each school year. Dates
for MCCPTA meetings shall be set by the board of directors by September 1. Those meetings shall be held on the fourth
Tuesday of the month unless otherwise provided by MCCPTA or the board of
directors. Ten (10) days’ notice shall
be given of any change in the date of a regular meeting.
Section
2. The regular meeting held in April
shall be known as the Annual Meeting and shall be for the purpose of electing
officers, receiving reports of officers and committees, and for any other
business that may arise.
Section
3. Special meetings of MCCPTA may be
called by the president and shall be called upon request of the board of
directors or of a majority of the local PTAs.
At least five (5) days’ notice of such a special meeting shall be given.
#Section
4. A quorum for the transaction of
business of any meeting of MCCPTA shall consist of thirty-five (35) of its
members, representing at least fifteen (15) local PTAs.
Section
5. Meetings of MCCPTA shall be open to
all members of the local PTAs holding membership in the council, but the
privilege of introducing motions and voting shall be limited to the voting body
as defined in Article XII, Section 1.
Section
6. Delegates from local PTAs whose dues
or assessments to MCCPTA are in arrears shall not participate in the business
meetings of MCCPTA.
Section
1. Membership in MCCPTA shall consist of
local PTAs chartered by the Maryland PTA in
Section
2. The annual dues for membership in
MCCPTA for the following fiscal year shall be established by MCCPTA at the
Annual Meeting. Each local PTA shall pay
dues to MCCPTA based upon an established rate per member. Such dues shall be payable by November
1. Any dues owed for members who join a
local PTA after such dues are paid are payable before March 15.
#Section
3. Membership in MCCPTA shall be made
available by MCCPTA 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 MCCPTA, 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 the local PTA shall be provided to MCCPTA upon approval by the
local PTA’s membership.
Section
5. Only member local PTAs may
participate in the group liability and bonding insurance.
# Article XV: Fiscal Year
The
fiscal year of MCCPTA shall begin on July 1 and end on the following June 30.
Section
1. MCCPTA shall set the dues for the
following fiscal year at the Annual Meeting.
MCCPTA shall adopt a budget at the first delegate assembly of the fiscal
year. The board of directors may propose
amendments to the budget at any regular meeting of MCCPTA for adoption.
Section
2. The treasurer and others handling
MCCPTA funds shall be bonded. The amount
of the bonds shall be established by the board of directors.
Section
3. All funds of MCCPTA shall be
deposited in accounts at financial institutions covered by FDIC insurance. At no time shall the funds on deposit in any
financial institution exceed the existing limit of said insurance.
Section
4. Funds may be withdrawn from these
accounts over the signatures of any two of any three MCCPTA officers, one being
the treasurer, as appointed as authorized signatories on the deposit accounts
of MCCPTA. Appointments of authorized
signatories are made by the board of directors and will include the treasurer,
the president, and one other elected officer.
#Article XVII: Parliamentary
Authority
The
rules contained in the current edition of Robert’s Rules of Order, Newly
Revised shall govern this PTA council in all cases in which they are
applicable and in which they are not in conflict with National PTA Bylaws,
Maryland PTA bylaws, special rules of order or the Articles of Incorporation.
#Article XVIII: Amendments
Section
1. These bylaws may be amended at any
general membership meeting of MCCPTA 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 MCCPTA 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 PTA council in
approved at a GENERAL MEMBERSHIP
MEETING of the
County Council of PTAs, Inc. on
_______________________(month/day),
200_______.
__________________________ _________________________
(Printed name) Secretary (Signature) Secretary