Kings Town Elementary PTO Bylaws

 

Article I - Name

The name of the organization shall be Kings Town Elementary PTO, Inc.



Article II - Purpose

The organization is organized for the purpose of supporting the education of children at Kings Town Elementary by fostering relationships among the school, parents, and teachers.



Article III - Membership and Dues

Section 1. Any parent, guardian, or other adult standing in loco parentis for a student at the school may be a member and shall have voting rights. The principal and any teacher employed at the school may be a member and have voting rights. Members have one vote per household.

 

Section 2. Dues, if any, will be established by the executive board. If dues are charged, a member must have paid his or her dues at least 14 calendar days before the meeting to be considered a member in good standing with voting rights.

 

Article IV - Officers and Elections

Section 1. Officers. The officers shall be Co Presidents (2), Vice President of Fundraising (1), Vice President of Hospitality (1), Secretary (1), Treasurer (1), and Communications Director (1). In addition to the duties listed below, each officer will also perform other such duties as applicable to the office as prescribed by the parliamentary authority of this organization.

 

  • EMERGENCY AMENDMENT -For the purposes of COVID-19 the following amendment is being made. Officers for the 2020-2021 School year shall consist of Co Presidents (2), Secretary (1), Treasurer (1), and Communications Director (1). 

 

  1. Co President (2). The Co Presidents shall preside over meetings of the PTO and executive board, serve as the primary contact for the principal, represent the PTO at meetings outside the organization, serve as an ex officio member of all committees, and coordinate the work of all the officers and committees so that the purpose of the PTO is served
  2. Vice President of Fundraising (1). The Vice President of Fundraising shall oversee all fundraising programs of the PTO, plans and executes all sponsorships for the PTO, manages community donations and collaborates with committee chairs, assists the Co Presidents, and assists with PTO sponsored events.

 

  •  EMERGENCY AMENDMENT 1-For the purposes of COVID-19 the following amendment is being made. The following duties of the Vice President of Fundraising shall be overseen by the Co Presidents: all fundraising programs including Boosterthon and sponsorships.
  • EMERGENCY AMENDMENT 2-For the purposes of the COVID-19 the following amendment is being made. The remaining duties of the Vice President of Fundraising for the 2020-2012 school year shall be divided up amongst the following Committee Chairs: Book Fair (virtual), Spirit Nights, and Community Donations

 

  1. Vice President of Hospitality (1). The Vice President of Hospitality shall oversee all hospitality events for the PTO, including, but not limited to, Back-to-School Breakfast, Holiday Luncheon, and End-of-the-Year Luncheon, assists the Co Presidents, and assists with PTO sponsored events.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. The duties of Vice President of Hospitality shall fall under the responsibility of the Hospitality Committee Chair.

 

  1. Secretary (1). The Secretary shall record and distribute minutes of all executive board meetings and all general PTO meetings, prepare agendas for official PTO meetings, and hold historical records for the PTO, manage the official PTO email account and ensure timely communication. In absence of the Secretary, the Communications Director will attend and record meeting minutes.
  2. Treasurer (1). The Treasurer shall receive all funds of the PTO, keep an accurate record of receipts and expenditures, pay out funds in accordance with the approval of the executive board, and follow all financial policies in accordance with the Fort Mill School District. He or she will present a financial statement at every meeting and at other times of the year when requested by the executive board, and make a full report at the end of the school year.
  3. Communications Director (1). The Communications Director shall manage communications and marketing for the PTO, including, but not limited to PTO social media, website, electronic sign, newsletter, and neighborhood liaisons. In absence of the Communications Director, the Secretary and/or Co Presidents will communicate with both parents and staff.



Section 2. Eligibility. Any PTO member in good standing may become an officer of the PTO.

 

Section 3. Nominations and Elections. Elections will be held at the second to last PTO meeting of the school year. All nominees shall be presented at a meeting held one month prior to the election. If more than one person is running for an office, a ballot vote shall be taken. A voice vote may be taken if there is only one candidate for a particular office. In the event of a tie, the current standing Executive Board will vote to determine who is elected.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. In the event that meetings must be held virtually then an online ballot can be made available for voting.

 

 

Section 4. Terms of Office. Officers are elected for one year beginning July 1 and ending June 30 of the following year and shall serve for one year. No officer may be eligible to serve more than two (2) consecutive terms in the same office unless no other candidate runs for said position.

 

Section 5. Removal From Office. Officers can be removed from office with or without cause by a two-thirds vote of those present (assuming a quorum) at a regular PTO meeting where previous notice has been given.

 

Section 6. Vacancies. If there is a vacancy in the office of Co President, then one of the Vice Presidents will fill the vacancy through a vote by the Executive Board. At the next scheduled PTO meeting, a new Vice President will be elected. If there is a vacancy in any other office, members will fill the vacancy through an election at the next scheduled PTO meeting.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. If there is a vacancy in any office, then a member will fill the vacancy through a vote by the Executive Board.

 



Article V - Meetings

Section 1. General Meetings. A general meeting will be held once per month during the school year or at the discretion of the Executive Board. Time and place will be determined by the Executive Board and announced at least 30 days in advance. The first PTO meeting is held to vote to approve the operating budget and Bylaws for the current school year.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. General PTO meetings will be held virtually for the 2020-2021 school year or until the Fort Mill school board deems it safe for parents to gather in the school.

 



Section 2. Special Meetings. Special meetings may be called by one of the Co Presidents, any two members of the Executive Board, or five general members submitting a written request to the Secretary. Previous notice of the special meeting shall be sent to the members at least ten (10) days prior to the meeting.

 

  • EMERGENCY AMENDMENT- For the purposes of COVID-19 the following amendment is being made. All special meetings for the 2020-2021 school year will be held virtually or until the Fort Mill school board deems it safe for parents to gather in the school.

 

 

Section 3. Annual Meeting. The annual meeting will be held at the April regular meeting. The annual meeting is for receiving reports, electing officers, and conducting other business that should arise.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. The annual meeting for the 2020-2021 school year will be held virtually unless the Fort Mill school board has deemed it safe for parents to gather in the school.

 

 

Section 4. Quorum. The quorum shall be 10 members of the organization.

 

Section 5. Notification of Meetings. Meetings shall be posted on the PTO’s calendar online at least one week prior to the meeting.



Article VI - Executive Board

Section 1. Membership. The Executive Board shall consist of the following officers. Co President (2), Vice President of Fundraising (1), Vice President of Hospitality (1), Secretary (1), Treasurer (1), and Communications Director (1). In addition to the duties listed below, each officer will also perform other such duties as applicable to the office as prescribed by the parliamentary authority of this organization.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. The Executive Board for the 2020-2021 school year shall consist of the following officers: Co President (2), Secretary (1), Treasurer (1), and Communications Director (1).

 

 

Section 2. Duties. The Executive Board shall develop the PTO’s annual budget, establish and oversee committees to conduct the work of the PTO, establish fundraising programs, and present a yearly budget at the first PTO meeting of the school year. Attend all general PTO meetings and Executive Board meetings. In addition to the treasurer, two other executive board

members shall be account holders, who cannot be employed by the Fort Mill School

District. In addition to the duties listed below, each officer will also perform other duties as applicable to the office as prescribed by the parliamentary authority of the PTO.

 

Section 3. Meetings. Regular meetings shall be held monthly during the school year or at the discretion of the Co Presidents. Special meetings may be called by any two board members with 24 hours notice. Executive Board meetings are closed to general members.

 

Section 4. Quorum. Half the number of board members plus one constitutes a quorum.



Article VII - Committees

Section 1. Membership. Committees may consist of general members and board members, with the Co Presidents acting as an ex officio member of all committees.

 

Section 2. Committee Chairs. The following Committees and Committee Chairs shall be held by the PTO: Spirit Wear, Volunteer, Free Money, Audit, and Spirit Nights.

 

  • EMERGENCY AMENDMENT-For the purposes of COVID-19 the following amendment is being made. The following Committees and Committee Chairs shall be held for the 2020-2021 school year by the PTO: Spirit Wear, Spirit Nights, Audit, Book Fair (virtual), Supplies, and Hospitality.

 

  1. Nomination. Committee Chairs shall be nominated and approved by the Executive Board for a term of one year. Each Committee Chair shall execute their job description fully. Failure to do so can result in removal of position with Executive Board approval.
  2. Term of Office. Committee Chairs shall serve in their position beginning July 1 and ending June 30 of the following year and shall serve no more than two consecutive years in the same position unless no other candidate is available for said position.
  3. Attendance. All Committee Chairs are required to attend PTO Meetings and report to the Co Presidents. Each Committee Chair must submit a plan of work and shall undertake no plan of work without the Executive Board approval.

 

Section 3. Additional Committees. The Executive Board may appoint additional Committees and Committee Chairs as needed.



Article VIII - Finances

Section 1. Fiscal Year. The fiscal year of the PTO begins July 1 and ends June

30 of the following year.

 

Section 2. Banking. All funds shall be kept in a checking and/or savings account in the

name of Kings Town Elementary PTO, requiring two signatures of the account

holders and held at a local financial institution. Fort Mill School District financial guidelines are to be followed.

  1. Account Signers. Account signers can not be employed by the Fort Mill School District. Account signers shall be the Treasurer and Co Presidents. If one of the Co Presidents is unable to be an account signer then another Executive Board member will be appointed.

 

Section 3. Reporting. The Treasurer shall keep accurate records of any disbursements, income and all bank account information in a computer-based or manual accounting system. The Treasurer shall reconcile the account(s) monthly and report all financial activity monthly. The executive board shall arrange an independent review of its financial records each quarter consisting of 2 PTO members not affiliated with the current Executive Board.

 

Section 4. Expenses. The Executive Board shall approve all expenses of the PTO. The Executive Board may approve by majority vote to change allocation of funds in the approved budget. If majority vote is not achieved, the vote is opened up to general membership at the next PTO meeting for majority approval.

 

Section 5. Ending Balance. The PTO shall leave a minimum of $5,000 in the treasury at the end of each fiscal year.

 

Section 6. Contracts. Authority to sign contracts is limited to a Co President and

another executive board member.

 

Section 7. Dissolution. Upon the dissolution of the PTO, any remaining funds should be used to pay any outstanding bills and, with the membership’s approval, spent for the benefit of the school.



Article IX - Parliamentary Authority

Robert’s Rules of order shall govern meetings when they are not in conflict with the PTO’s bylaws or any other special/standing rules.



Article X - Standing Rules

Standing rules may be approved by the Executive Board, and the Secretary shall keep a record of the standing rules for future reference.



Article XI - Dissolution

The PTO may be dissolved with previous notice (14 calendar days) and a two-thirds vote of those present at the meeting.



Article XII - Amendments

Amendments to the bylaws may be proposed by any PTO member in writing to the Executive Board. Amendments presented at a PTO meeting shall be considered for voting at a subsequent meeting. Amendments will be approved by a two-thirds vote of those present, assuming a quorum.

 

  • EMERGENCY AMENDMENT- For the purposes of the COVID-19 this amendment is being made. The emergency Bylaw rule amendment is adopted on an emergency basis only. These amendments are strictly temporary during a national crisis and are in no way meant to be left in place once orders have been lifted. All amended Bylaws will revert to the original bylaws for the 2021-2022 school year.  Amendments to the bylaws have been  proposed by the Parliamentarian.  Amendments have been presented to all current executive board members in a special meeting.  Voting on the temporary bylaws requires 100% executive board input and participation. A unanimous vote of all board members is required to adopt the temporary amendment to the Bylaws. 

 



Article XIII - Conflict of Interest Policy

Section 1. Purpose. The purpose of the conflict of interest policy is to protect the PTO’s interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer or director of the PTO or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

 

Section 2. Definitions.

  1. Interested Person. Any director, principal officer, or member of a committee with governing board-delegated powers who has a direct or indirect financial interest, as defined below, is an interested person.
  2. Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, of family:
  3. i. An ownership or investment interest in any entity with which the PTO has a transaction or arrangement;
  4. A compensation arrangement with the organization or with any entity or individual with which the PTO has a transaction or arrangement; or

   iii. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the PTO is negotiating a transaction or arrangement. “Compensation” includes direct and indirect remuneration as well as gifts or favors that are not insubstantial.

 

A financial interest is not necessarily a conflict of interest. Under Section 3b, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.

 

Section 3. Procedures.

  1. Duty to Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of the committees with governing board-delegated powers who are considering the proposed transaction or arrangement.
  2. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide whether a conflict of interest exists.
  3. Procedures for Addressing the Conflict of Interest.
  4. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
  5. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.

   iii. After exercising due diligence, the governing board or committee shall determine whether the PTO can obtain, with reasonable efforts, a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.

  1. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the PTO’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, it shall make its own decision as to whether to enter into the transaction or arrangement.
  2. Violations of the Conflict of Interest Policy.
  3. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.
  4. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines that the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

 

Section 4. Records of Proceedings. The minutes of the governing board and all committees with board delegated powers shall contain:

  1. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest; the nature of the financial interest; any action taken to determine whether a conflict of interest was present; and the governing board’s or committee’s decision as to whether a conflict of interest in fact existed.
  2. The names of the persons who were present for discussions and votes relating to the transaction or arrangement; the content of the discussion; including any alternatives to the proposed transaction or arrangement; and a record of any votes taken in connection with the proceedings.

 

Section 5. Compensation.

  1. A voting member of the governing board who receives compensation, directly or indirectly, from the PTO for services is precluded from voting on matters pertaining to that member’s compensation.
  2. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the PTO for services is precluded from voting on matters pertaining to that member’s compensation.
  3. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the PTO, either individually or collectively, is prohibited from providing information to any committee regarding compensation.

 

Section 6. Annual Statements. Each director, principal officer, and member of a committee with governing board-delegated powers shall annually sign a statement which affirms that such person:

  • Has received a copy of the conflict of interest policy;
  • Has read and understood the policy;
  • Has agreed to comply with the policy; and
  • Understands that the PTO is charitable and that in order to maintain its federal tax exempt status it must engage primarily in activities which accomplish one or more of its tax-exempt purposes.

 

Section 7. Periodic Reviews. To ensure that the PTO operates in a manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following:

  1. Whether compensation arrangements and benefits are reasonable, are based on competent survey information, and are the result of arm’s length bargaining.
  2. Whether partnerships, joint ventures, and arrangements with management organizations conform to the PTO’s written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes, and do not result in inurement, impermissible private benefit, or an excess benefit transaction.

 

Section 8. Use of Outside Experts. When conducting the periodic reviews as provided for in Section 7, the PTO may, but need not, use outside advisers. If outside experts are used, their use shall not relieve the governing board of its responsibility for ensuring that periodic reviews are conducted.

 

These bylaws were adopted and approved by the Kings Town Elementary PTO

 

Co President Signature: _____________________________Date: ____________

 

Co President Signature: _____________________________Date: ____________

 

VP of Fundraising Signature: _________________________ Date: ____________

 

VP of Hospitality Signature: __________________________ Date: ____________

 

Secretary Signature: ________________________________Date: ____________

 

Communications Director: ___________________________ Date: ____________

 

Treasurer Signature: ________________________________Date: ____________

 

   

   

   



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