MEMORANDUM

 

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:

  1. In accord with earlier advice from the Maryland PTA Rules and Procedures Chair, delete the second sentence in current Article VII, Section 2 which is inconsistent with the next section and which, in fact has never been our practice.  The sentence being deleted reads, “A member holding more than one position (i.e., delegate and committee chair) may designate an alternate for the purpose of voting to enable both positions served to make a separate vote.”  Following this procedure would be both cumbersome and time-consuming.  The language in the proposed bylaws Article XII, Section 3, reads, “Individuals are entitled to one vote, even though they may be serving in more than one position.”  If a local PTA’s bylaws provide for alternates for their own delegates, that is still appropriate as long as no more than three people from any local PTA are voting at a delegate assembly.
  2. In Article VI: Officers and their Election, section 4c, the current language (Article VIII, section 3) says, “…The treasurer may serve no more than five successive terms.”  The proposed change would read, “The treasurer may serve three (3) consecutive terms.”  The rationale for this change is that three years is a significant commitment from any one person; more than that becomes burdensome, limits the ability of other qualified persons to have this experience, and may not be good fiduciary practice.
  3. We are proposing that the position of recording secretary be divided into two positions – recording secretary for delegate assemblies and recording secretary for board of directors meetings – and eliminating the position of corresponding secretary.  The rationale for this change is that taking minutes for all of these meetings requires a significant investment of time and care; dividing the task into two positions will allow a collaborative effort for taking minutes and keeping records.  Using the attached proposed bylaws, in Article VI, Section 1, delete “a recording secretary, a corresponding secretary,” and insert “a recording secretary for delegate assemblies, a recording secretary for board of directors meetings”.  In Article VI, Section 5 d, delete “recording secretary, corresponding secretary” and insert “recording secretary for delegate assemblies, recording secretary for board of directors meetings”. In Article VII: Duties of Officers, Section 3 a and b, delete “a.  The recording secretary shall record and maintain the minutes of all meetings; and shall perform such other duties as may be assigned.  b. The corresponding secretary shall conduct the correspondence of MCCPTA as delegated to him/her; act as recording secretary in the absence of the recording secretary; and shall perform such other duties as may be assigned.”  Insert the following:  a.  The recording secretary for delegate assemblies shall record and maintain the minutes of all delegate assemblies and shall act as recording secretary for board of directors meetings in the absence of the recording secretary for the board of directors and shall perform such other duties as assigned.  b.  The recording secretary for board of directors meetings shall record and maintain the minutes of all board of directors meetings and shall act as recording secretary for delegate assemblies in the absence of the recording secretary for delegate assemblies and shall perform such other duties as assigned.”  PROVISO These changes would take effect with the next group of officers elected in April 2006.
  4. In Article VIII, Section 3 of the proposed bylaws (Article XI, Section 1 of the current bylaws), insert “immediate past president” in place of “past presidents of the council” and delete “National PTA”.
  5. In Article XIII, Section 6 of the proposed bylaws insert “or assessments” after “dues.”  The rationale for this change is that MCCPTA makes the payments for local PTAs’ insurance and bills the PTAs; if dues or insurance payments have not been paid to MCCPTA, delegates would not be able to vote.
  6. In Article XVI, Section 4 would read, “Funds may be withdrawn from these accounts over the signatures of any two of three MCCPTA officers, one being the treasurer, as appointed as authorized signatories on the deposit accounts of MCCPTA.”  The rationale for this change is to be consistent with appropriate financial practice.

 

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

 


 

                                                                                              PROPOSED REVISION 12-05

 

MARYLAND PTA COUNCIL BYLAWS FORM

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

 

 


ARTICLE I:  Name

 

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 Maryland PTA

 

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:

  1. adheres to the purposes and basic policies of the PTA
  2. has bylaws approved every three (3) years according to the procedures of Maryland PTA;
  3. submits the name and address of the council president to the Maryland PTA office by designated date;
  4. has an EIN (Employer Identification Number) from the Internal Revenue Service (IRS) on file with the Maryland PTA;
  5. maintains its status as a corporation; and
  6. files the appropriate 990 tax forms with the IRS if the council’s gross receipts average $25,000 over a three year period.

 

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.

 

Article V:  Purposes of MCCPTA

 

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.

 

Article VI: Officers and their Election

 

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

  1. Nominations of officers shall be made by a nominating committee consisting of seven (7) members of the voting body of the council, no two of whom shall be from the same local PTA, and with at least one from each specific group of clusters in a designated area.
  2. The Board of Directors shall select the seven nominees for the nominating committee.  The vice president for administration shall submit in writing the names of the seven nominees for the nominating committee to the local PTA presidents and delegates by mail at least fifteen days prior to the delegate assembly at which the vote will occur.  At that delegate assembly additional nominations may be made from the floor with the consent of the nominee(s). 

No member of the nominating committee may serve two (2) consecutive terms.

  1. This nominating committee shall be elected by ballot at the second delegate assembly of the school year.  Within two weeks of the election, it shall be the duty of the vice president for administration to convene the first meeting of the nominating committee for the purpose of selecting a chairman.
  2. The nominating committee shall nominate one (1) candidate for the offices of president, vice president for educational issues, vice president for administration, vice president for programs, vice president for legislation, recording secretary for delegate assemblies, recording secretary for board of directors meetings, and treasurer.
  3. The nominating committee shall send the list of nominees and their qualifications to the members of the Board of Directors and to the local PTA presidents and delegates at least thirty (30) days before the annual meeting.  The consent of each candidate must be obtained before his/her name is placed in nomination.  Additional nominations may be made from the floor, provided the consent of each candidate has been obtained before his/her name is placed in nomination.

 

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.

 

Article VII: Duties of Officers

 

Section 1.  President

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.

  1. The vice president for educational issues shall preside in the absence of the president; shall serve as an aide to the president in coordinating the work of the education and policy related committees; shall notify chairmen of the committees of their appointments; and shall perform such other duties as he/she may be assigned by the Executive Board.
  2. The vice president for administration shall preside in the absence of the president and the vice president for educational issues; shall serve as an aide to the president by coordinating the work of the area vice presidents and cluster coordinators and coordinating the work of the committees related to local PTA effectiveness; shall submit to the delegates for election a nominating committee slate and shall convene the elected nominating committee; shall assure that each area/cluster nominating committee is convened by February 1 and, if needed, shall reconvene the nominating committee to fill a vacancy in office; and shall perform such other duties as may be assigned.
  3. The vice president for programs shall preside in the absence of the president, the vice president for educational issues, and the vice president for administration; shall serve as an aide to the president in planning MCCPTA meetings, workshops, special events; and shall perform such other duties as may be assigned.
  4. The vice president for legislation shall preside in the absence of the president, the vice president for educational issues, the vice president for administration, and the vice president for programs; shall serve as an aide to the president in supporting the legislative and advocacy work of the council; and shall perform such other duties as may be assigned.

 

Section 3.  Secretaries

  1.  The recording secretary for delegate assemblies shall record and maintain the minutes of all delegate assemblies, shall act as board of directors recording secretary in the absence of the recording secretary for the board of directors, and shall perform such other duties as may be assigned.
  2. The recording secretary for board of directors meetings shall record and maintain the minutes of all board of directors meetings, shall act as recording secretary for delegate assemblies in the absence of the recording secretary for delegate assemblies, and shall perform such other duties as may be assigned.

 

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:

  1. Perform the duties prescribed in the parliamentary authority in addition to these bylaws and those assigned from time to time.
  2. Except for the treasurer, deliver to their successors all official material within thirty (30) days following the meeting at which their successors are elected or to the president within thirty (30) days of the date of their resignation.  The treasurer shall deliver to his/her successor all official material by July l.

 

Article VIII:  Board of Directors

 

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 Montgomery County.  A parliamentarian (non-voting) may be appointed by the president, subject to approval by the executive committee.

 

Section 4.  Duties of the board of directors shall be to:

  1. carry out such business as may be referred to it by the membership of the association;
  2. create committees;
  3. approve and submit an annual budget to the first delegate assembly of the year;
  4. approve and submit seven nominees for the nominating committee for submission to the third delegate assembly of the school year;
  5. approve plans of work of MCCPTA standing committees;
  6. select an auditing committee or auditor to audit the treasurer’s accounts at least one month before the new executive board assumes its duties;
  7. shall ensure that the treasurer and others handling funds on behalf of MCCPTA be bonded;
  8. transact necessary business between delegate assemblies.

 

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.

 

Article IX:  Executive Committee

 

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:

  1. develop the agendas for delegate assemblies and meetings of the board of directors;
  2. elect standing committee chairmen;
  3. manage the business of the organization;
  4. make a report at each board of directors meeting.

Section 6.  The executive committee shall take no action in conflict with any action taken by the board of directors.

 

Article X:  Area Vice Presidents, Cluster Coordinators, and their Election

 

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

  1. An area shall consist of specific groups of clusters designated by the Board of Directors and approved by a delegate assembly.  Each area shall have an area vice president.  The area vice president shall serve for a term of one (1) year, and not more than four (4) consecutive terms, until the election of their successor.
  2. Area vice presidents shall represent specific groups of clusters as designated by the Board of Directors and approved by a delegate assembly.  They shall help to extend PTA work in all local PTAs in the specific clusters which they represent; shall assist in the training of PTA leaders in their areas; shall assist in the organization of new PTAs in their areas; shall coordinate the work of cluster coordinators; and shall perform such other duties as may be assigned.

 

Section 3.  Cluster coordinators

  1. A cluster shall consist of a high school plus its feeder schools.  Each cluster shall have a cluster coordinator(s), the total number not to exceed three (3).  The cluster coordinator(s) shall serve for a term of one (1) year, and not more than four (4) consecutive terms, until the election of their successors.
  2. Cluster coordinators shall conduct meetings of the cluster PTA leaders; shall serve as a link between the area vice presidents and the local PTAs; shall represent the cluster at meetings of the Board of Directors, at meetings with the area vice president responsible for the cluster, and at other meetings; coordinate  testimony of the cluster before the Board of Education and the County Council; shall assist the area vice presidents in the administration of PTA business; and shall perform such other duties as may be assigned.

 

Section 4.  Elections

  1. Each area representative of the MCCPTA nominating committee shall be responsible for convening and chairing an area nominating committee of at least six (6) PTA/PTSA presidents from that area, ensuring representation from each cluster, February 1.  The area nominating committee shall submit to the MCCPTA nominating committee by March 15 the name and qualifications of one (1) candidate for area vice president.  The MCCPTA nominating committee shall accept the recommendations of each area nominating committee and include such nominees in their report.  Additional nominations may be made from the floor at the Annual Meeting at which elections are held by any member of the MCCPTA voting body from the area represented by the area vice president.
  2. Each area representative of the MCCPTA nominating committee shall be responsible for ensuring that each cluster holds a meeting at which each PTA in the cluster is represented by its president, or his or her designee, for the purpose of nominating at least one (1) and no more than three (3) cluster coordinators.  A current cluster coordinator will submit the name(s) to the MCCPTA nominating committee by March 15.  The MCCPTA nominating committee shall accept the recommendations from the cluster meeting and include such nominees in their report.  Additional nominations may be made from the floor at the Annual Meeting at which elections are held by any member of the MCCPTA voting body from that cluster.
  3. At the Annual Meeting, area vice presidents shall be elected by ballot separately by MCCPTA delegates who are members of the local PTAs within the area the area vice president represents.  If there are no nominations from the floor, the area vice president may be elected by voice vote.
  4. At the Annual Meeting, cluster coordinators shall be elected by ballot separately by MCCPTA delegates who are members of the local PTAs within the area the cluster coordinator represents.  If there are no nominations from the floor, the cluster coordinators may be elected by voice vote.

 

Section 5.  Vacancies

  1. A vacancy in any area vice president position shall be filled by nomination from a committee consisting of at least five (5) PTA/PTSA presidents and or cluster coordinators from that area at a meeting convened by the vice president for administration.  The name of the nominee shall be submitted to the board of directors for confirmation.
  2. A vacancy in a cluster coordinator position shall be filled by a nomination from the PTA/PTSA presidents from each local PTA in the cluster at a meeting convened by the vice president for administration.  The name of the nominee shall be submitted to the board of directors for confirmation.

 

Article XI: Committees

 

#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.

 

Article XIII: Meetings

 

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.

 

Article XIV: Council Membership

 

Section 1.  Membership in MCCPTA shall consist of local PTAs chartered by the Maryland PTA in Montgomery County upon payment of dues as hereinafter provided.

 

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.

 

Article XVI: Financial Management

 

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 Maryland and were

                approved at a GENERAL MEMBERSHIP MEETING  of the Montgomery

                County Council of PTAs, Inc. on

 

                _______________________(month/day), 200_______.

 

                __________________________   _________________________

            (Printed name) Secretary                      (Signature) Secretary