PTA bylaws - Hillcrest School, Oakland CA

Hillcrest PTA Bylaws

ARTICLE I - NAME

The name of this association is the Hillcrest Parent-Teacher Association, located in the city of Oakland, a local unit of the _____ Council, Peralta District of the California Congress of Parents, Teachers, and Students, Inc. (California State PTA), a branch of the National Congress of Parents and Teachers (National PTA).

*** ARTICLE II - PURPOSES

SECTION 1.
The purposes of this association, in common with the purposes of the National PTA and the California State 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 this association are promoted in cooperation with the National PTA and the California State PTA through an advocacy and educational program directed toward parents and 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.
This association is organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding Section of any future Federal tax code (hereinafter "Internal Revenue Code").

*** ARTICLE III -BASIC POLICIES

The following are basic policies of the National PTA, the California State PTA and this association:

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 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 the 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;

h. The organization or members in their official capacities shall not endorse a commercial entity or engage in activities not related to promoting the purposes of the organization;

i. The organization shall not enter into membership with other organizations except such international, national or state organizations as may be approved by the California State PTA. The California State PTA or any of its divisions may cooperate with other organizations and agencies concerned with child welfare, but a PTA representative shall make no commitments that bind the group he represents.

ARTICLE IV - MEMBERSHIP AND DUES

***SECTION 1.
Every individual who is a member of this PTA is, by virtue of that fact, a member of the National PTA and of the California State PTA by which this local PTA is chartered, and is entitled to all benefits of such membership.

***SECTION 2.
Membership in this PTA shall be made available by such local PTA, without regard to race, color, creed or national origin, under such rules and regulations not in conflict with the provisions, the Bylaws of the National PTA or the Bylaws of the California State PTA, as may be prescribed in the bylaws of this local PTA, to any individual who subscribes to the purposes and basic policies of the National PTA.

***SECTION 3.
The PTA shall conduct an annual enrollment of members but may admit persons to membership at any time.

SECTION 4.
Each member of the association shall pay annual dues of Five Dollars ($5.00) per member (also means per capita) to the association.

***a. Such annual dues shall include the portion of one dollar and seventy-five cents ($1.75) per member payable to the National PTA.

***b. Such annual dues shall include the portion of one dollar and twenty-five cents ($1.25) per member payable to the California State PTA.

c. Such annual dues shall include the portion of Fifty Cents ($0.50) per member payable to Peralta District.

d. The remainder shall constitute the local portion of each member's dues and shall remain in this PTA.

***SECTION 5.
The national and state portions of the dues paid by each member to this PTA shall be set aside by this PTA for the National PTA and the California State PTA and remitted through district financial officers as provided for in the state bylaws.

SECTION 6.
The first remittance of district, state and national portions of the dues paid by each member to this PTA shall be remitted to the district by November 20. Thereafter dues shall be remitted monthly in accordance with district and state bylaws.

SECTION 7.
Remittances shall be accompanied by a statement showing the name and location of this PTA, the amount other than that retained by this PTA and the number of members included on this remittance statement.

SECTION 8.
If this PTA fails to forward that portion of its per capita dues by December 1, it forfeits representation at district meetings until the amount has been paid.

ARTICLE V - OFFICERS AND THEIR ELECTION

***SECTION 1.
Each officer or board member of this PTA shall be a member of this PTA.

SECTION 2.
The officers of this association shall be a president, Five (5) vice presidents, recording secretary, treasurer, financial secretary, auditor, historian and parliamentarian. These officers shall be elected annually with the exception of the parliamentarian, who shall be appointed by the president subject to the ratification of the executive board.

SECTION 3.
***a. Nominations for office shall be made by a nominating committee which shall be elected by the association.

b. The nominating committee shall be elected at least two months prior to the annual election meeting. The committee shall serve until the annual election meeting.

c. The nominating committee shall be composed of five (5) members, with two (2) alternates, all of whom shall be members of this PTA. The principal of the school, or a faculty representative appointed by the principal, if not an elected member of the committee, shall serve in an advisory capacity. The president shall not serve ex officio or be elected to the nominating committee. The committee shall elect its own chairman.

(Incorporated units must also include a section on Nominations by Petition. See California State PTA Bylaws, Article XII.)

d. No member shall serve on the nominating committee for two (2) consecutive years.

e. Immediately upon its election the parliamentarian shall meet with the nominating committee to set the date of its first meeting. (See Article VI, Section 10.)

f. Alternates shall not attend meetings, unless an elected member cannot be present. In that event, the alternate becomes the permanent member, replacing the elected member until such time as the committee is discharged of its duties (at the time of election).

g. The report of the nominating committee shall be submitted to the membership at least thirty (30) days prior to the annual election meeting. At the annual election meeting in April, additional nominations must be called for from the floor.

***SECTION 4.
The privilege of holding office shall be limited to members of the association whose dues are paid and who have been members of the association for at least thirty (30) days previous to nomination.

SECTION 5.
a. Only those persons who are eligible and who have signified their consent to serve if elected shall be nominated for or elected to office.

b. Nominees for the offices of president, treasurer, financial secretary and auditor shall not be related by blood or marriage or reside in the same household.

SECTION 6.
The privilege of nomination and election to office for the ensuing year in this PTA may be extended to individuals who are already members in any PTA school in good standing and who, upon nomination to office, pay dues to this PTA in order to qualify as a member at the time of assuming office.

SECTION 7.
Election shall be held by ballot at the annual election meeting in April. If there is but one nominee for any office, the ballot for that office may be dispensed with and the election held by voice vote.

SECTION 8.
Officers shall serve for a term of one year or until their successors are elected. No officer shall be eligible to the same office for more than two consecutive terms or hold more than one elected office. Officers shall assume their duties on July 1. A person who has served in an office for more than six months of a full term shall be deemed to have served a full term in such office.

SECTION 9.
The president-elect shall be entitled to be a delegate to the annual California State PTA Convention. An alternate and all other delegates that the association is entitled to shall be elected at an association meeting at least thirty (30) days prior to convention. (See California State PTA Bylaws, Article XV- Annual Convention, Section 5.)

SECTION 10.
The president-elect may call meetings as necessary of the officers-elect and the principal of the school, or a representative appointed by the principal, to ratify the appointments of appointed officers and chairmen and to make plans for the coming year's work.

SECTION 11.
If an office remains unfilled after election, it shall be considered a vacant office to be filled by the board-elect.

SECTION 12.
A vacancy occurring in any office shall be filled for the unexpired term by a person elected by the executive board. Election to fill a vacancy shall require a majority vote of the executive board, with at least ten (10) days' previous notice. If notice is not given, the election to fill the vacancy shall require a two-thirds (2/3) vote. The first vice president shall serve notice of the election to the executive board, in case a vacancy occurs in the office of president. (Refer to Article VIII, Section 2e.)

ARTICLE VI - DUTIES OF OFFICERS

SECTION 1.
The president shall:

a. Coordinate the work of officers and committees of the association in order that the purposes may be promoted.

b. Preside at all meetings of the association and the executive board.

c. Be a member ex officio of all committees except the nominating committee.

d. Appoint the parliamentarian, the chairmen and members of committees, subject to the ratification of the executive board.

e. Prepare the list of association officers and chairmen required for directory data and submit through channels as directed by district.

f. Sign all authorizations for payment with the recording secretary.

g. Be responsible for preparing the unit annual report required by the California State PTA.

h. Be the official representative of the unit at district meetings.

i. Have all newsletters, flyers and/or notices approved by the principal, prior to distribution.

j. Have all contracts and/or legally binding documents approved by the association, prior to signing a contract along with another elected officer. (See General Operating Information (5.5.1), Finance Section, California State PTA Toolkit.)

k. Not be related by blood or marriage or reside in the same household as the other authorized signers for the association's financial accounts.

l. Perform such other duties as may be prescribed in these bylaws or assigned by the association.

SECTION 2.
The vice president(s) shall act as aide(s) to the president and shall, in their designated order, perform the duties of the president in the absence or disability of that officer to act.

The first vice president shall serve also as Chairman of Programs.
The second vice president shall serve also as Chairman of Membership
The third vice president shall serve also as Chairman of Personnel.
The fourth vice president shall serve also as Chairman of Way and Means.
The fifth vice president shall serve also as Chairman of Facilities and Emergency Preparedness.

SECTION 3.
The recording secretary shall:

a. Keep an accurate record of the proceedings of all meetings of the association and the executive board in a bound book which is the legal record of this PTA.

b. Be prepared to refer to minutes of previous meetings.

c. Prepare a list of all unfinished business for the use of the president.

d. Prepare and, with the president, sign all authorizations for payment authorizing the expenditure of funds following approval by the association or executive board in accordance with these bylaws.

e. Record all expenditures in the minutes.

f. Keep a current list of the paid members of the association provided by the membership chairman.

g. Keep a current copy of the bylaws and standing rules.

h. Perform such other duties as may be delegated to the secretary.

SECTION 4.
The treasurer shall:
*** a. Keep such permanent books of account and records as shall be sufficient to establish the items of gross income, receipts and disbursements of the association, including specifically, the number of members, the dues collected from the members and the amount of dues remitted through channels to the California State PTA. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the California State PTA.

b. Chair the budget committee and prepare the budget for adoption by the association.

c. Receive all moneys from the financial secretary for the association, giving a receipt therefore, and deposit immediately in the name of the association in a bank approved by the executive board.

d. Receive and retain a copy of the deposit slip for any deposit made.

e. Pay all bills as authorized by the executive board or the association and on receipt of authorization for payment signed by the president and the recording secretary .

***f. Secure two signatures on all checks. Any two of the following are authorized to sign: president, treasurer and first vice president. The authorized signers shall not be related by blood or marriage or reside in the same household.

g. Keep an accurate record of receipts and disbursements in a ledger which is a permanent record of this PTA. All other financial records must be retained for seven years including the current year.

h. Keep the membership informed of expenditures as they relate to the budget adopted by the association.

i. Remit all district, State and National portions of per capita dues monthly to the financial officer of the district.

j. Present a treasurer's report at every meeting of the association and the executive board and at other times when requested by the association.

k. Be responsible for filling out and forwarding all necessary report forms required by the California State PTA for insurance and for filing all tax returns and other forms required by government agencies.

l. Make an annual financial report to the association which includes gross receipts and disbursements for the year.

(See Article XIV - FISCAL YEAR AND IDENTIFICATION NUMBER)
NOTE: The dishonesty bonding insurance may require additional rules to follow.

SECTION 5.
The financial secretary shall:

a. Give a receipt for all moneys received for the association and remit at once to the treasurer or deposit in a bank approved by the executive board and give a copy of the deposit slip to the treasurer.

b. Prepare all authorizations for payment as authorized by the executive board or the association and forward to the president and recording secretary for signatures.

c. Keep an accurate record of all receipts and authorizations for payment for filing with the treasurer's financial records for the association.

d. Present a monthly report at every meeting of the association and the executive board and at other times when requested by the association.

e. Make an annual report to the association.

f. Perform such other duties as may be delegated to the financial secretary.

SECTION 6.
The auditor shall:

***a. Audit the books and financial records of the association semiannually.

b. Prepare a midyear audit to be completed in February. The year-end audit shall be completed in September. (NOTE: The audit at the end of a term is performed by the outgoing auditor.)

c. Present a written report to the executive board at the February and September meetings.

d. Present a written report for adoption by the association at the March and October meetings.

e. Audit the books upon resignation of the treasurer or financial secretary and at any time deemed necessary.

f. Not be related by blood or marriage or reside in the same household as the financial officers and/or authorized signers of checks.

SECTION 7.
The historian shall:

a. Assemble and preserve a record of the activities, achievements and volunteer hours of the association.

b. Act as custodian of records and other materials pertinent to the history of the association

c. Assist the president with the preparation of the association's annual report required by the California State PTA .

SECTION 8.
The parliamentarian shall:

a. Attend all meetings of the association and of the executive board and give necessary advice in parliamentary procedure when requested.

b. Call the first meeting of the nominating committee, conduct election of a chairman and give instructions in procedure, and may be contacted for additional information, if needed, and shall attend meetings of the nominating committee only if elected to serve as a member of the committee.

c. Chair the bylaws committee and review bylaws and standing rules annually.

d. Be entitled to all rights and privileges of membership including the right to make motions, debate and vote.

SECTION 9.
Two copies of officer's reports shall be compiled annually by all officers and filed in the procedure book for the incoming officer, and filed with the president.

SECTION 10.
When an officer fails to attend three consecutive meetings without adequate excuse or when an officer is not fulfilling the responsibilities of the office as prescribed in the bylaws or standing rules, or engages in conduct which the executive board determines to be injurious to the organization or its purposes, the executive board may by a two-thirds (2/3) affirmative vote, take such action as it determines appropriate, which may include: (1) asking for the resignation of the officer; (2) making a formal recommendation that the officer be removed from office following a hearing conducted in accordance with Due Process.*

SECTION 11.
All officers shall perform the duties prescribed in the current edition of ROBERT'S RULES OF ORDER NEWLY REVISED in addition to those outlined in these bylaws and those assigned from time to time. Upon the expiration of the term of office or in case of resignation or termination, each officer shall turn over to the president, without delay, all records, books and other material pertaining to the office and shall return to the treasurer, without delay, all funds belonging to the association.

*Footnote, "Due Process Procedures: Following the two-thirds (2/3) affirmative vote recommending that the officer be removed from office: (I) The officer must be given fifteen (15) days' written notice of the hearing to remove the officer from office; (2) The written notice shall contain the reasons for the proposed removal, and shall be mailed by certified mail, return receipt requested, to the last address of the officer shown on the association's records; (3) At the hearing, the officer must be given an opportunity to address the executive board, either orally or in writing; (4) Not less than Five (5) days following the hearing, the executive board shall convene and vote whether the officer will be removed from office; (5) A two-thirds (2/3) vote of the executive board shall be sufficient to remove the officer from office; (6) The removal vote shall be recorded in the executive board minutes and shall specify the number of voting in favor of and against such removal."

ARTICLE VII - ASSOCIATION MEETINGS

SECTION I.
Association meetings shall be held on the second Thursday of September, October, November, January, February, March, April and May of the school year unless otherwise ordered by the association or the executive board. With the exception of the annual meeting, notice of any change in time or date of regularly scheduled meetings must be given in writing to the entire membership at least ten (10) days in advance.

SECTION 2.
The association meeting in April shall be the annual election meeting at which time officers shall be elected. At least thirty (30) days prior written notice of the annual election meeting must be given.

SECTION 3.
The year's PTA proposed program and budget, which includes all programs, projects and expenditures including those specified in the budget, require approval and/or ratification by the membership. All approved programs, projects and expenditures MUST be recorded in the association minutes, the legal record of this PTA.

SECTION 4.
Special meetings may be called by the president. The president must call a special meeting upon the written request of five (5) members of the executive board or by fifteen (15) members of the association. Special meetings must be held within fourteen (14) days of receipt of a written request. All association members must be notified of special meetings at least seven (7) days prior to the meeting. Only business mentioned in the notice of a special meeting can be transacted at that meeting.

SECTION 5.
***a. This PTA shall establish a quorum for the transaction of business in any meeting of this association.

b. Fifteen (15) members shall constitute a quorum.

***SECTION 6.
The privilege of making motions, debating and voting shall be limited to members of the association who are present and whose dues are paid and who have been members of the association for at least the previous thirty (30) days.

***SECTION 7.
Voting by proxy is PROHIBITED.

ARTICLE VIII - EXECUTIVE BOARD

SECTION 1.
The executive board shall consist of officers of the association, the chairmen of committees, the teacher representative and the principal of the school, or a representative appointed by the principal, all of whom shall be members of this PTA. The principal of the school or designated representative, although not an elected officer, serves in an advisory capacity with full voting privileges.

SECTION 2.
The executive board:

a. Shall transact necessary business between meetings of the association and such other business as may be referred by the association.

b. May authorize the payment of association bills within the limits of the budget adopted by the association. Such action must be ratified at the next association meeting and must be recorded in the association minutes.

c. May authorize the payment of other unbudgeted association bills not to exceed a cumulative total of one thousand five hundred dollars ($1,500 ) between meetings of the association. Ratification of payment of these bills must occur at the next association meeting and must be recorded in the association minutes. (See Authorizing Expenditure (5.2.4), Finance Section, California State PTA Toolkit.)

d. Shall create committees as are deemed necessary to promote the purposes and to carry on the work of the association, the California State PTA and the National PTA .

e. Shall fill all vacancies in office, including that of president. (Refer to Article V, Section 12.)

f. Shall present a report at meetings of the association.

g. Shall receive a financial report from the treasurer and financial secretary at each meeting.

SECTION 3.
The executive board is subject to the orders of the association and none of its acts shall conflict with action taken by the association.

***SECTION 4.
A PTA member shall not serve as a voting member of this executive board while serving as a paid employee of or under contract to this PTA.

SECTION 5.
The executive board shall meet at least once a month during the school year, unless otherwise ordered by the executive board. The executive board shall schedule the day and week for the monthly executive board meetings no later than the first month of the school year.

SECTION 6.
Special meetings of the executive board may be called by the president. The president must call a special meeting upon the written request of three (3) members. Special meetings must be held within fourteen (14) days of receipt of a written request. All executive board members must be notified of special meetings at least seven (7) days prior to the meeting. Only business mentioned in the notice of a special meeting can be transacted at that meeting.

SECTION 7.
***a. This PTA shall establish a quorum for the transaction of business in any meeting of the executive board.

b. Seven (7) members shall constitute a quorum.

***SECTION 8.
Voting by proxy is PROHIBITED.

ARTICLE IX - COMMITTEES

SECTION 1.
There shall be such committees created by the executive board as may be required to carry on the work of the association, the California State PTA and the National PTA . The quorum for a committee meeting shall be a majority of its members.

SECTION 2.
Chairmen and members of committees, all of whom shall be members of this PTA, shall be appointed by the president subject to the ratification of the executive board.

SECTION 3.
The term of office for chairmen shall be one year or until successors have been appointed.

SECTION 4.
The chairmen shall present plans of work to the executive board for approval. No work shall be undertaken without the consent of the executive board.

SECTION 5.
Two copies of chairman's reports shall be compiled annually by all chairmen and filed in the procedure book for the committee, and filed with the president.

SECTION 6.
When a chairman fails to attend three consecutive meetings without adequate excuse or when a chairman is not fulfilling the responsibilities of the office as prescribed in the bylaws or standing rules, or engages in conduct which the executive board determines to be injurious to the organization or its purposes, the executive board may by a two-thirds (2/3) affirmative vote, take such action as it determines appropriate, which may include: (1) asking for the resignation of the chairman; (2) making a formal recommendation that the chairman be removed from office following a hearing conducted in accordance with Due Process.*

*Footnote: See Article VI, Section 10 .

SECTION 7.
Each chairman, upon his expiration of the term of office or in case of resignation or termination, shall turn over to the president without delay, all records, books and other material pertaining to the chairmanship, and shall return to the treasurer, without delay, all funds belonging to the association.

SECTION 8.
The association and the executive board each have the power to create special committees in order to carry out specific programs and projects.

SECTION 9.
The chairmen and members of special committees shall serve until their assignments have been completed.

ARTICLE X - COUNCIL MEMBERSHIP

(Applies only to associations holding membership in a council of PTAs.)

ARTICLE XI - CHARTER PROCEDURE

***SECTION 1.
Local PTAs shall be organized and chartered under the authority of the California State PTA in the area in which this PTA functions, in conformity with such rules and regulations, not in conflict with the National PTA Bylaws, as the California State PTA may in its bylaws prescribe. The California State PTA shall issue to this PTA an appropriate charter evidencing the due organization and good standing of this PTA.

A local PTA in good standing is one which:

a. Adheres to the purposes and basic policies of the PTA;

b. Remits the national portion of the dues through the California State PTA to reach the national office by dates designated by the National PTA;

c. Has bylaws approved according to the procedures of the California State PTA ; and

d. Meets other criteria as may be prescribed by the California State PTA .

SECTION 2.
A local PTA in good standing in California is one which also:

***a. Pays dues to and actively supports all branches of the National and California State PTA;

***b. Pays insurance premiums to the California State PTA;

***c. Is composed of not less than fifteen (15) members of whom at least three (3) shall serve in the offices of president, secretary and treasurer, respectively; and

d. Files all required state and federal tax forms.

***SECTION 3.
This PTA shall receive a charter as a constituent organization of the National PTA:

a. After its bylaws have been approved by the California State PTA parliamentarian,

b. After the California State PTA office has received the "Application for Acceptance As A Unit of the California State PTA" with the charter membership dues;

c. After an application for an Employer Identification Number (EIN) as a "subordinate" (constituent organization) (exempt letter dated November 18,1943) under the name "PTA California Congress of Parents, Teachers, and Students, Inc.," has been submitted to the Internal Revenue Service; and

d. Upon a majority vote of the California State PTA Board of Managers.

***SECTION 4.
The charter of this PTA shall be subject to withdrawal and the status of such organization as a PTA unit shall be subject to termination, in the manner and under the circumstances provided in the bylaws of the California State PTA.

***SECTION 5.
This PTA is obligated, upon withdrawal of its charter by the California State PTA :

a. To yield up and surrender all of its books and records and all of its assets and property to the California State PTA or to another PTA or PTSA organized under the authority of the California State PTA ;

b. To cease and desist from further use of any name that implies or connotes association with the National PTA or the California State PTA or status as a constituent organization of the National PTA; and

c. To carry out promptly, under the supervision and direction of the California State PTA, all proceedings necessary or desirable for the purpose of dissolving this PTA.

***SECTION 6.
Upon the withdrawal of this PTA's charter, the California State PTA shall have the right to collect and transfer any funds, including funds deposited by the PTA with a financial institution, over which the PTA or its officers have or had signature authority or control. (See Changes in Association Status (1.2.2), "Charter Withdrawal," PTA Basics Section, California State PTA Toolkit.)

***SECTION 7.
Each local PTA is legally obligated, upon withdrawal of its charter by the California State PTA , to cease and desist from any further use of the unit's Internal Revenue Service Employer Identification Number (EIN).

SECTION 8.
THE COUNCIL AND DISTRICT SHALL BE CONSULTED AT LEAST SIXTY (60) DAYS PRIOR TO ANY VOTE BEING TAKEN TO DISBAND THIS PTA. (See Changes in Association Status (1.2.2), "Charter Withdrawal," PTA Basics Section, California State PTA Toolkit.)

ARTICLE XII - RELATIONSHIP WITH NATIONAL PTA AND CALIFORNIA STATE PTA

***SECTION 1.
The bylaws of this PTA shall not be in conflict with the bylaws of the National PTA or with those of the California State PTA. These bylaws shall be approved by the California State PTA parliamentarian when this PTA is organized and when there is a change in its association status.

***SECTION 2.
This PTA shall include in its bylaws provisions corresponding to the provisions of the bylaws of the California State PTA identified by a triple star.

SECTION 3.
The California State PTA Toolkit published by the California State PTA contains policy statements of the PTA not found in the bylaws or standing rules. As a local unit of the California State PTA , this PTA is obligated to follow those policy statements.

*** ARTICLE XIII - ARTICLES OF ORGANIZATION

The "articles of organization" of this PTA comprise these bylaws, as from time to time amended, and the "articles of association," if any. In the absence of separate articles of association, these bylaws shall be deemed to be the articles of association. In the event of any conflict between these bylaws and the articles of association, these bylaws shall govern.

ARTICLE XIV - FISCAL YEAR AND IDENTIFICATION NUMBERS

SECTION 1.
The fiscal year of this PTA shall begin July 1 and end June 30. (Once a fiscal year has been established and on file with the Internal Revenue Service, consult the California State PTA treasurer for the procedure required to change the fiscal year.)

SECTION 2.
This PTA shall not assume any financial obligation in any one term of office that will be carried over into the succeeding term. (See Approving the Budget (5.2.3), Finance Section, California State PTA Toolkit.)

SECTION 3.
The Internal Revenue Service Employer Identification Number (EIN) for this PTA is 94-6172362.

SECTION 4.
The National PTA unit Identification (ID) number for this PTA is ______.

SECTION 5.
The California State PTA unit Identification (ID) number for this PTA is ______.

***ARTICLE XV - PARLIAMENTARY AUTHORITY

The rules contained in the current edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern the National PTA and this association in all cases in which they are applicable and in which they are not in conflict with these bylaws, those of the California State PTA, the National PTA , the articles of incorporation and the California Non Profit Corporation Law.

ARTICLE XVI - AMENDMENTS

***SECTION 1.
Before adoption, all proposed amendments accompanied by the bylaws shall be submitted through channels to the California State PTA parliamentarian for approval. They also shall be approved by the California State PTA parliamentarian when there is a change of status (e.g., PTA changing to PTSA or when combining/dividing).

SECTION 2.
After the California State PTA parliamentarian has approved and signed amended bylaws, the process of adoption by the association must be completed. The association shall by a two-thirds (2/3) vote adopt amended bylaws at any association meeting provided notice has been given at the previous meeting OR thirty (30) days' written notice has been given to the membership.

***SECTION 3.
The adoption of an amendment to any provision of the bylaws of the California State PTA identified by a triple star shall serve automatically and without the requirement of further action by this PTA to amend correspondingly the bylaws of this PTA. Notwithstanding the automatic character of the amending process, this PTA shall promptly incorporate such amendments in its bylaws.

BYLAWS OF: _________________________________
Council __________________ District __________________

APPROVED BY:
_________________________ _________
California State PTA Parliamentarian Date

ADOPTED BY THE ASSOCIATION:
______________________________ ____________
PTA Secretary Date of Adoption by the Association

STANDING RULES

1. At the beginning of his term of office, each member of the executive board shall be given a copy of these bylaws and shall be responsible for making a thorough study of them. A copy of these bylaws shall be made available to any member of the association upon request.

2. At least twenty-four (24) hours notice, in writing, must be given to the president in order to have an item of business or an announcement placed on the executive board or association agenda.

3. When a recommendation for an item of business or an announcement that has not had prior consideration by the executive board is brought to an association meeting, it shall be referred to a committee and/or the executive board for study.

4. Any non-PTA material to be distributed at an association meeting must be approved by the executive board prior to the meeting.

5. Each officer and chairman shall be responsible for keeping an up-to-date procedure book and for turning it over to the incoming officer or chairman at the end of the term of office.

6. The president, subject to ratification of the executive board, may appoint an assistant to any of the chairman. Such assistant shall have full voting rights as an executive board member.

7. The membership list/directory of this PTA shall be for the exclusive use of the organization and shall not be available for distribution or purchase by any other organization or commercial entity.

NOTE: Standing rules may be adopted by a majority vote at any association meeting.* Amendments to standing rules require a two-thirds (2/3) vote without previous notice, a majority vote with such notice. Standing rules should be procedural rather than parliamentary and may not conflict with the bylaws.

*See Article VII, Section 5.

	About Hillcrest
Hillcrest home News Yellow Pages Submit News YP Subscriptions Admissions Enrollment Planning Classrooms K-Henderson K-Rochester 1-Chang 1-Shogren 1/2-Nelson 2-Buswell 2-McLaughlin 3-Lyon 3-Iversen/Staniford 4-Weinberg 5-Bahr/Freschl Middle School 6/7/8-Kloess 6/7/8-Massey Enrichment AfterSchool Language School Computer Creative Writing Science Athletics Library Catalog Hillcrest Links Contacts PTA Directory OUSD Volunteer Fundraising Benefit Scrip Walkathon Calendar Schoolwide dates Special events OUSD 2008-09 About Hillcrest Handbook Expected behaviors Parking Field trips Lifeskills Goals PTA School Site Council Organizations	Hillcrest PTA Bylaws ARTICLE I - NAME The name of this association is the Hillcrest Parent-Teacher Association, located in the city of Oakland, a local unit of the _____ Council, Peralta District of the California Congress of Parents, Teachers, and Students, Inc. (California State PTA), a branch of the National Congress of Parents and Teachers (National PTA). * ARTICLE II - PURPOSES SECTION 1. The purposes of this association, in common with the purposes of the National PTA and the California State 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 this association are promoted in cooperation with the National PTA and the California State PTA through an advocacy and educational program directed toward parents and 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. This association is organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding Section of any future Federal tax code (hereinafter "Internal Revenue Code"). * ARTICLE III -BASIC POLICIES The following are basic policies of the National PTA, the California State PTA and this association: 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 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 the 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; h. The organization or members in their official capacities shall not endorse a commercial entity or engage in activities not related to promoting the purposes of the organization; i. The organization shall not enter into membership with other organizations except such international, national or state organizations as may be approved by the California State PTA. The California State PTA or any of its divisions may cooperate with other organizations and agencies concerned with child welfare, but a PTA representative shall make no commitments that bind the group he represents. ARTICLE IV - MEMBERSHIP AND DUES *SECTION 1. Every individual who is a member of this PTA is, by virtue of that fact, a member of the National PTA and of the California State PTA by which this local PTA is chartered, and is entitled to all benefits of such membership. SECTION 2. Membership in this PTA shall be made available by such local PTA, without regard to race, color, creed or national origin, under such rules and regulations not in conflict with the provisions, the Bylaws of the National PTA or the Bylaws of the California State PTA, as may be prescribed in the bylaws of this local PTA, to any individual who subscribes to the purposes and basic policies of the National PTA. SECTION 3. The PTA shall conduct an annual enrollment of members but may admit persons to membership at any time. SECTION 4. Each member of the association shall pay annual dues of Five Dollars ($5.00) per member (also means per capita) to the association. a. Such annual dues shall include the portion of one dollar and seventy-five cents ($1.75) per member payable to the National PTA. b. Such annual dues shall include the portion of one dollar and twenty-five cents ($1.25) per member payable to the California State PTA. c. Such annual dues shall include the portion of Fifty Cents ($0.50) per member payable to Peralta District. d. The remainder shall constitute the local portion of each member's dues and shall remain in this PTA. SECTION 5. The national and state portions of the dues paid by each member to this PTA shall be set aside by this PTA for the National PTA and the California State PTA and remitted through district financial officers as provided for in the state bylaws. SECTION 6. The first remittance of district, state and national portions of the dues paid by each member to this PTA shall be remitted to the district by November 20. Thereafter dues shall be remitted monthly in accordance with district and state bylaws. SECTION 7. Remittances shall be accompanied by a statement showing the name and location of this PTA, the amount other than that retained by this PTA and the number of members included on this remittance statement. SECTION 8. If this PTA fails to forward that portion of its per capita dues by December 1, it forfeits representation at district meetings until the amount has been paid. ARTICLE V - OFFICERS AND THEIR ELECTION SECTION 1. Each officer or board member of this PTA shall be a member of this PTA. SECTION 2. The officers of this association shall be a president, Five (5) vice presidents, recording secretary, treasurer, financial secretary, auditor, historian and parliamentarian. These officers shall be elected annually with the exception of the parliamentarian, who shall be appointed by the president subject to the ratification of the executive board. SECTION 3. a. Nominations for office shall be made by a nominating committee which shall be elected by the association. b. The nominating committee shall be elected at least two months prior to the annual election meeting. The committee shall serve until the annual election meeting. c. The nominating committee shall be composed of five (5) members, with two (2) alternates, all of whom shall be members of this PTA. The principal of the school, or a faculty representative appointed by the principal, if not an elected member of the committee, shall serve in an advisory capacity. The president shall not serve ex officio or be elected to the nominating committee. The committee shall elect its own chairman. (Incorporated units must also include a section on Nominations by Petition. See California State PTA Bylaws, Article XII.) d. No member shall serve on the nominating committee for two (2) consecutive years. e. Immediately upon its election the parliamentarian shall meet with the nominating committee to set the date of its first meeting. (See Article VI, Section 10.) f. Alternates shall not attend meetings, unless an elected member cannot be present. In that event, the alternate becomes the permanent member, replacing the elected member until such time as the committee is discharged of its duties (at the time of election). g. The report of the nominating committee shall be submitted to the membership at least thirty (30) days prior to the annual election meeting. At the annual election meeting in April, additional nominations must be called for from the floor. SECTION 4. The privilege of holding office shall be limited to members of the association whose dues are paid and who have been members of the association for at least thirty (30) days previous to nomination. SECTION 5. a. Only those persons who are eligible and who have signified their consent to serve if elected shall be nominated for or elected to office. b. Nominees for the offices of president, treasurer, financial secretary and auditor shall not be related by blood or marriage or reside in the same household. SECTION 6. The privilege of nomination and election to office for the ensuing year in this PTA may be extended to individuals who are already members in any PTA school in good standing and who, upon nomination to office, pay dues to this PTA in order to qualify as a member at the time of assuming office. SECTION 7. Election shall be held by ballot at the annual election meeting in April. If there is but one nominee for any office, the ballot for that office may be dispensed with and the election held by voice vote. SECTION 8. Officers shall serve for a term of one year or until their successors are elected. No officer shall be eligible to the same office for more than two consecutive terms or hold more than one elected office. Officers shall assume their duties on July 1. A person who has served in an office for more than six months of a full term shall be deemed to have served a full term in such office. SECTION 9. The president-elect shall be entitled to be a delegate to the annual California State PTA Convention. An alternate and all other delegates that the association is entitled to shall be elected at an association meeting at least thirty (30) days prior to convention. (See California State PTA Bylaws, Article XV- Annual Convention, Section 5.) SECTION 10. The president-elect may call meetings as necessary of the officers-elect and the principal of the school, or a representative appointed by the principal, to ratify the appointments of appointed officers and chairmen and to make plans for the coming year's work. SECTION 11. If an office remains unfilled after election, it shall be considered a vacant office to be filled by the board-elect. SECTION 12. A vacancy occurring in any office shall be filled for the unexpired term by a person elected by the executive board. Election to fill a vacancy shall require a majority vote of the executive board, with at least ten (10) days' previous notice. If notice is not given, the election to fill the vacancy shall require a two-thirds (2/3) vote. The first vice president shall serve notice of the election to the executive board, in case a vacancy occurs in the office of president. (Refer to Article VIII, Section 2e.) ARTICLE VI - DUTIES OF OFFICERS SECTION 1. The president shall: a. Coordinate the work of officers and committees of the association in order that the purposes may be promoted. b. Preside at all meetings of the association and the executive board. c. Be a member ex officio of all committees except the nominating committee. d. Appoint the parliamentarian, the chairmen and members of committees, subject to the ratification of the executive board. e. Prepare the list of association officers and chairmen required for directory data and submit through channels as directed by district. f. Sign all authorizations for payment with the recording secretary. g. Be responsible for preparing the unit annual report required by the California State PTA. h. Be the official representative of the unit at district meetings. i. Have all newsletters, flyers and/or notices approved by the principal, prior to distribution. j. Have all contracts and/or legally binding documents approved by the association, prior to signing a contract along with another elected officer. (See General Operating Information (5.5.1), Finance Section, California State PTA Toolkit.) k. Not be related by blood or marriage or reside in the same household as the other authorized signers for the association's financial accounts. l. Perform such other duties as may be prescribed in these bylaws or assigned by the association. SECTION 2. The vice president(s) shall act as aide(s) to the president and shall, in their designated order, perform the duties of the president in the absence or disability of that officer to act. The first vice president shall serve also as Chairman of Programs. The second vice president shall serve also as Chairman of Membership The third vice president shall serve also as Chairman of Personnel. The fourth vice president shall serve also as Chairman of Way and Means. The fifth vice president shall serve also as Chairman of Facilities and Emergency Preparedness. SECTION 3. The recording secretary shall: a. Keep an accurate record of the proceedings of all meetings of the association and the executive board in a bound book which is the legal record of this PTA. b. Be prepared to refer to minutes of previous meetings. c. Prepare a list of all unfinished business for the use of the president. d. Prepare and, with the president, sign all authorizations for payment authorizing the expenditure of funds following approval by the association or executive board in accordance with these bylaws. e. Record all expenditures in the minutes. f. Keep a current list of the paid members of the association provided by the membership chairman. g. Keep a current copy of the bylaws and standing rules. h. Perform such other duties as may be delegated to the secretary. SECTION 4. The treasurer shall: * a. Keep such permanent books of account and records as shall be sufficient to establish the items of gross income, receipts and disbursements of the association, including specifically, the number of members, the dues collected from the members and the amount of dues remitted through channels to the California State PTA. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the California State PTA. b. Chair the budget committee and prepare the budget for adoption by the association. c. Receive all moneys from the financial secretary for the association, giving a receipt therefore, and deposit immediately in the name of the association in a bank approved by the executive board. d. Receive and retain a copy of the deposit slip for any deposit made. e. Pay all bills as authorized by the executive board or the association and on receipt of authorization for payment signed by the president and the recording secretary . *f. Secure two signatures on all checks. Any two of the following are authorized to sign: president, treasurer and first vice president. The authorized signers shall not be related by blood or marriage or reside in the same household. g. Keep an accurate record of receipts and disbursements in a ledger which is a permanent record of this PTA. All other financial records must be retained for seven years including the current year. h. Keep the membership informed of expenditures as they relate to the budget adopted by the association. i. Remit all district, State and National portions of per capita dues monthly to the financial officer of the district. j. Present a treasurer's report at every meeting of the association and the executive board and at other times when requested by the association. k. Be responsible for filling out and forwarding all necessary report forms required by the California State PTA for insurance and for filing all tax returns and other forms required by government agencies. l. Make an annual financial report to the association which includes gross receipts and disbursements for the year. (See Article XIV - FISCAL YEAR AND IDENTIFICATION NUMBER) NOTE: The dishonesty bonding insurance may require additional rules to follow. SECTION 5. The financial secretary shall: a. Give a receipt for all moneys received for the association and remit at once to the treasurer or deposit in a bank approved by the executive board and give a copy of the deposit slip to the treasurer. b. Prepare all authorizations for payment as authorized by the executive board or the association and forward to the president and recording secretary for signatures. c. Keep an accurate record of all receipts and authorizations for payment for filing with the treasurer's financial records for the association. d. Present a monthly report at every meeting of the association and the executive board and at other times when requested by the association. e. Make an annual report to the association. f. Perform such other duties as may be delegated to the financial secretary. SECTION 6. The auditor shall: a. Audit the books and financial records of the association semiannually. b. Prepare a midyear audit to be completed in February. The year-end audit shall be completed in September. (NOTE: The audit at the end of a term is performed by the outgoing auditor.) c. Present a written report to the executive board at the February and September meetings. d. Present a written report for adoption by the association at the March and October meetings. e. Audit the books upon resignation of the treasurer or financial secretary and at any time deemed necessary. f. Not be related by blood or marriage or reside in the same household as the financial officers and/or authorized signers of checks. SECTION 7. The historian shall: a. Assemble and preserve a record of the activities, achievements and volunteer hours of the association. b. Act as custodian of records and other materials pertinent to the history of the association c. Assist the president with the preparation of the association's annual report required by the California State PTA . SECTION 8. The parliamentarian shall: a. Attend all meetings of the association and of the executive board and give necessary advice in parliamentary procedure when requested. b. Call the first meeting of the nominating committee, conduct election of a chairman and give instructions in procedure, and may be contacted for additional information, if needed, and shall attend meetings of the nominating committee only if elected to serve as a member of the committee. c. Chair the bylaws committee and review bylaws and standing rules annually. d. Be entitled to all rights and privileges of membership including the right to make motions, debate and vote. SECTION 9. Two copies of officer's reports shall be compiled annually by all officers and filed in the procedure book for the incoming officer, and filed with the president. SECTION 10. When an officer fails to attend three consecutive meetings without adequate excuse or when an officer is not fulfilling the responsibilities of the office as prescribed in the bylaws or standing rules, or engages in conduct which the executive board determines to be injurious to the organization or its purposes, the executive board may by a two-thirds (2/3) affirmative vote, take such action as it determines appropriate, which may include: (1) asking for the resignation of the officer; (2) making a formal recommendation that the officer be removed from office following a hearing conducted in accordance with Due Process. SECTION 11. All officers shall perform the duties prescribed in the current edition of ROBERT'S RULES OF ORDER NEWLY REVISED in addition to those outlined in these bylaws and those assigned from time to time. Upon the expiration of the term of office or in case of resignation or termination, each officer shall turn over to the president, without delay, all records, books and other material pertaining to the office and shall return to the treasurer, without delay, all funds belonging to the association. Footnote, "Due Process Procedures: Following the two-thirds (2/3) affirmative vote recommending that the officer be removed from office: (I) The officer must be given fifteen (15) days' written notice of the hearing to remove the officer from office; (2) The written notice shall contain the reasons for the proposed removal, and shall be mailed by certified mail, return receipt requested, to the last address of the officer shown on the association's records; (3) At the hearing, the officer must be given an opportunity to address the executive board, either orally or in writing; (4) Not less than Five (5) days following the hearing, the executive board shall convene and vote whether the officer will be removed from office; (5) A two-thirds (2/3) vote of the executive board shall be sufficient to remove the officer from office; (6) The removal vote shall be recorded in the executive board minutes and shall specify the number of voting in favor of and against such removal." ARTICLE VII - ASSOCIATION MEETINGS SECTION I. Association meetings shall be held on the second Thursday of September, October, November, January, February, March, April and May of the school year unless otherwise ordered by the association or the executive board. With the exception of the annual meeting, notice of any change in time or date of regularly scheduled meetings must be given in writing to the entire membership at least ten (10) days in advance. SECTION 2. The association meeting in April shall be the annual election meeting at which time officers shall be elected. At least thirty (30) days prior written notice of the annual election meeting must be given. SECTION 3. The year's PTA proposed program and budget, which includes all programs, projects and expenditures including those specified in the budget, require approval and/or ratification by the membership. All approved programs, projects and expenditures MUST be recorded in the association minutes, the legal record of this PTA. SECTION 4. Special meetings may be called by the president. The president must call a special meeting upon the written request of five (5) members of the executive board or by fifteen (15) members of the association. Special meetings must be held within fourteen (14) days of receipt of a written request. All association members must be notified of special meetings at least seven (7) days prior to the meeting. Only business mentioned in the notice of a special meeting can be transacted at that meeting. SECTION 5. a. This PTA shall establish a quorum for the transaction of business in any meeting of this association. b. Fifteen (15) members shall constitute a quorum. SECTION 6. The privilege of making motions, debating and voting shall be limited to members of the association who are present and whose dues are paid and who have been members of the association for at least the previous thirty (30) days. SECTION 7. Voting by proxy is PROHIBITED. ARTICLE VIII - EXECUTIVE BOARD SECTION 1. The executive board shall consist of officers of the association, the chairmen of committees, the teacher representative and the principal of the school, or a representative appointed by the principal, all of whom shall be members of this PTA. The principal of the school or designated representative, although not an elected officer, serves in an advisory capacity with full voting privileges. SECTION 2. The executive board: a. Shall transact necessary business between meetings of the association and such other business as may be referred by the association. b. May authorize the payment of association bills within the limits of the budget adopted by the association. Such action must be ratified at the next association meeting and must be recorded in the association minutes. c. May authorize the payment of other unbudgeted association bills not to exceed a cumulative total of one thousand five hundred dollars ($1,500 ) between meetings of the association. Ratification of payment of these bills must occur at the next association meeting and must be recorded in the association minutes. (See Authorizing Expenditure (5.2.4), Finance Section, California State PTA Toolkit.) d. Shall create committees as are deemed necessary to promote the purposes and to carry on the work of the association, the California State PTA and the National PTA . e. Shall fill all vacancies in office, including that of president. (Refer to Article V, Section 12.) f. Shall present a report at meetings of the association. g. Shall receive a financial report from the treasurer and financial secretary at each meeting. SECTION 3. The executive board is subject to the orders of the association and none of its acts shall conflict with action taken by the association. SECTION 4. A PTA member shall not serve as a voting member of this executive board while serving as a paid employee of or under contract to this PTA. SECTION 5. The executive board shall meet at least once a month during the school year, unless otherwise ordered by the executive board. The executive board shall schedule the day and week for the monthly executive board meetings no later than the first month of the school year. SECTION 6. Special meetings of the executive board may be called by the president. The president must call a special meeting upon the written request of three (3) members. Special meetings must be held within fourteen (14) days of receipt of a written request. All executive board members must be notified of special meetings at least seven (7) days prior to the meeting. Only business mentioned in the notice of a special meeting can be transacted at that meeting. SECTION 7. a. This PTA shall establish a quorum for the transaction of business in any meeting of the executive board. b. Seven (7) members shall constitute a quorum. SECTION 8. Voting by proxy is PROHIBITED. ARTICLE IX - COMMITTEES SECTION 1. There shall be such committees created by the executive board as may be required to carry on the work of the association, the California State PTA and the National PTA . The quorum for a committee meeting shall be a majority of its members. SECTION 2. Chairmen and members of committees, all of whom shall be members of this PTA, shall be appointed by the president subject to the ratification of the executive board. SECTION 3. The term of office for chairmen shall be one year or until successors have been appointed. SECTION 4. The chairmen shall present plans of work to the executive board for approval. No work shall be undertaken without the consent of the executive board. SECTION 5. Two copies of chairman's reports shall be compiled annually by all chairmen and filed in the procedure book for the committee, and filed with the president. SECTION 6. When a chairman fails to attend three consecutive meetings without adequate excuse or when a chairman is not fulfilling the responsibilities of the office as prescribed in the bylaws or standing rules, or engages in conduct which the executive board determines to be injurious to the organization or its purposes, the executive board may by a two-thirds (2/3) affirmative vote, take such action as it determines appropriate, which may include: (1) asking for the resignation of the chairman; (2) making a formal recommendation that the chairman be removed from office following a hearing conducted in accordance with Due Process. Footnote: See Article VI, Section 10 . SECTION 7. Each chairman, upon his expiration of the term of office or in case of resignation or termination, shall turn over to the president without delay, all records, books and other material pertaining to the chairmanship, and shall return to the treasurer, without delay, all funds belonging to the association. SECTION 8. The association and the executive board each have the power to create special committees in order to carry out specific programs and projects. SECTION 9. The chairmen and members of special committees shall serve until their assignments have been completed. ARTICLE X - COUNCIL MEMBERSHIP (Applies only to associations holding membership in a council of PTAs.) ARTICLE XI - CHARTER PROCEDURE SECTION 1. Local PTAs shall be organized and chartered under the authority of the California State PTA in the area in which this PTA functions, in conformity with such rules and regulations, not in conflict with the National PTA Bylaws, as the California State PTA may in its bylaws prescribe. The California State PTA shall issue to this PTA an appropriate charter evidencing the due organization and good standing of this PTA. A local PTA in good standing is one which: a. Adheres to the purposes and basic policies of the PTA; b. Remits the national portion of the dues through the California State PTA to reach the national office by dates designated by the National PTA; c. Has bylaws approved according to the procedures of the California State PTA ; and d. Meets other criteria as may be prescribed by the California State PTA . SECTION 2. A local PTA in good standing in California is one which also: a. Pays dues to and actively supports all branches of the National and California State PTA; b. Pays insurance premiums to the California State PTA; c. Is composed of not less than fifteen (15) members of whom at least three (3) shall serve in the offices of president, secretary and treasurer, respectively; and d. Files all required state and federal tax forms. SECTION 3. This PTA shall receive a charter as a constituent organization of the National PTA: a. After its bylaws have been approved by the California State PTA parliamentarian, b. After the California State PTA office has received the "Application for Acceptance As A Unit of the California State PTA" with the charter membership dues; c. After an application for an Employer Identification Number (EIN) as a "subordinate" (constituent organization) (exempt letter dated November 18,1943) under the name "PTA California Congress of Parents, Teachers, and Students, Inc.," has been submitted to the Internal Revenue Service; and d. Upon a majority vote of the California State PTA Board of Managers. SECTION 4. The charter of this PTA shall be subject to withdrawal and the status of such organization as a PTA unit shall be subject to termination, in the manner and under the circumstances provided in the bylaws of the California State PTA. SECTION 5. This PTA is obligated, upon withdrawal of its charter by the California State PTA : a. To yield up and surrender all of its books and records and all of its assets and property to the California State PTA or to another PTA or PTSA organized under the authority of the California State PTA ; b. To cease and desist from further use of any name that implies or connotes association with the National PTA or the California State PTA or status as a constituent organization of the National PTA; and c. To carry out promptly, under the supervision and direction of the California State PTA, all proceedings necessary or desirable for the purpose of dissolving this PTA. SECTION 6. Upon the withdrawal of this PTA's charter, the California State PTA shall have the right to collect and transfer any funds, including funds deposited by the PTA with a financial institution, over which the PTA or its officers have or had signature authority or control. (See Changes in Association Status (1.2.2), "Charter Withdrawal," PTA Basics Section, California State PTA Toolkit.) SECTION 7. Each local PTA is legally obligated, upon withdrawal of its charter by the California State PTA , to cease and desist from any further use of the unit's Internal Revenue Service Employer Identification Number (EIN). SECTION 8. THE COUNCIL AND DISTRICT SHALL BE CONSULTED AT LEAST SIXTY (60) DAYS PRIOR TO ANY VOTE BEING TAKEN TO DISBAND THIS PTA. (See Changes in Association Status (1.2.2), "Charter Withdrawal," PTA Basics Section, California State PTA Toolkit.) ARTICLE XII - RELATIONSHIP WITH NATIONAL PTA AND CALIFORNIA STATE PTA SECTION 1. The bylaws of this PTA shall not be in conflict with the bylaws of the National PTA or with those of the California State PTA. These bylaws shall be approved by the California State PTA parliamentarian when this PTA is organized and when there is a change in its association status. SECTION 2. This PTA shall include in its bylaws provisions corresponding to the provisions of the bylaws of the California State PTA identified by a triple star. SECTION 3. The California State PTA Toolkit published by the California State PTA contains policy statements of the PTA not found in the bylaws or standing rules. As a local unit of the California State PTA , this PTA is obligated to follow those policy statements. * ARTICLE XIII - ARTICLES OF ORGANIZATION The "articles of organization" of this PTA comprise these bylaws, as from time to time amended, and the "articles of association," if any. In the absence of separate articles of association, these bylaws shall be deemed to be the articles of association. In the event of any conflict between these bylaws and the articles of association, these bylaws shall govern. ARTICLE XIV - FISCAL YEAR AND IDENTIFICATION NUMBERS SECTION 1. The fiscal year of this PTA shall begin July 1 and end June 30. (Once a fiscal year has been established and on file with the Internal Revenue Service, consult the California State PTA treasurer for the procedure required to change the fiscal year.) SECTION 2. This PTA shall not assume any financial obligation in any one term of office that will be carried over into the succeeding term. (See Approving the Budget (5.2.3), Finance Section, California State PTA Toolkit.) SECTION 3. The Internal Revenue Service Employer Identification Number (EIN) for this PTA is 94-6172362. SECTION 4. The National PTA unit Identification (ID) number for this PTA is ______. SECTION 5. The California State PTA unit Identification (ID) number for this PTA is ______. *ARTICLE XV - PARLIAMENTARY AUTHORITY The rules contained in the current edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern the National PTA and this association in all cases in which they are applicable and in which they are not in conflict with these bylaws, those of the California State PTA, the National PTA , the articles of incorporation and the California Non Profit Corporation Law. ARTICLE XVI - AMENDMENTS SECTION 1. Before adoption, all proposed amendments accompanied by the bylaws shall be submitted through channels to the California State PTA parliamentarian for approval. They also shall be approved by the California State PTA parliamentarian when there is a change of status (e.g., PTA changing to PTSA or when combining/dividing). SECTION 2. After the California State PTA parliamentarian has approved and signed amended bylaws, the process of adoption by the association must be completed. The association shall by a two-thirds (2/3) vote adopt amended bylaws at any association meeting provided notice has been given at the previous meeting OR thirty (30) days' written notice has been given to the membership. *SECTION 3. The adoption of an amendment to any provision of the bylaws of the California State PTA identified by a triple star shall serve automatically and without the requirement of further action by this PTA to amend correspondingly the bylaws of this PTA. Notwithstanding the automatic character of the amending process, this PTA shall promptly incorporate such amendments in its bylaws. BYLAWS OF: _________________________________ Council __________________ District __________________ APPROVED BY: _________________________ _________ California State PTA Parliamentarian Date ADOPTED BY THE ASSOCIATION: ______________________________ ____________ PTA Secretary Date of Adoption by the Association STANDING RULES 1. At the beginning of his term of office, each member of the executive board shall be given a copy of these bylaws and shall be responsible for making a thorough study of them. A copy of these bylaws shall be made available to any member of the association upon request. 2. At least twenty-four (24) hours notice, in writing, must be given to the president in order to have an item of business or an announcement placed on the executive board or association agenda. 3. When a recommendation for an item of business or an announcement that has not had prior consideration by the executive board is brought to an association meeting, it shall be referred to a committee and/or the executive board for study. 4. Any non-PTA material to be distributed at an association meeting must be approved by the executive board prior to the meeting. 5. Each officer and chairman shall be responsible for keeping an up-to-date procedure book and for turning it over to the incoming officer or chairman at the end of the term of office. 6. The president, subject to ratification of the executive board, may appoint an assistant to any of the chairman. Such assistant shall have full voting rights as an executive board member. 7. The membership list/directory of this PTA shall be for the exclusive use of the organization and shall not be available for distribution or purchase by any other organization or commercial entity. NOTE: Standing rules may be adopted by a majority vote at any association meeting. Amendments to standing rules require a two-thirds (2/3) vote without previous notice, a majority vote with such notice. Standing rules should be procedural rather than parliamentary and may not conflict with the bylaws. *See Article VII, Section 5.
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