2003 – 2004
JO ANN FORD ELEMENTARY
BYLAWS
The name of this organization is the Jo Ann Ford Elementary Parent Teacher Association (PTA), Georgetown, Texas. It is a local PTA unit organized under the authority of the Texas Congress of Parents and Teachers (the Texas PTA), a branch of the National Congress of Parents and Teachers (the National PTA).
The articles of organization of a constituent organization2 include (a) the bylaws of such organization and (b) the certificate of incorporation or articles of incorporation of such organization (in cases in which the organization is a corporation) or the articles of association by whatever name (in cases in which the organization exists as an unincorporated association).
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.
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 Objects of the National PTA, the Texas PTA and the Jo Ann Ford Elementary PTA are promoted through an educational program directed toward parents, teachers and the general public; are developed through conferences, committees, projects and programs; and are governed and qualified by the basic policies set forth in Article IV.
Section 3. The association is organized exclusively for the charitable, scientific, literary or educational purposes within the meaning of Section 502(c)(3) of the Internal Revenue Code or corresponding section of any future Federal tax code (hereinafter “Internal Revenue Code”).
The following are basic policies of the Jo Ann Ford Elementary PTA in common with those of the National PTA and the Texas PTA:
**Section 1. This PTA shall be organized and chartered under the authority of the Texas 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 Texas PTA may in its bylaws prescribe. The Texas 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:
**Section 2. This PTA shall adopt such bylaws for the government of the organization as may be approved by the Texas PTA. Such bylaws shall not be in conflict with the bylaws of the National PTA or the bylaws of the Texas PTA.
**Section 3. Bylaws of each constituent organization shall include an article on amendments.
**Section 4. Each officer or board member of a constituent organization shall be a member of a local PTA within its area.
**Section 5. Each officer or board member of a local PTA shall be a member of such local PTA.
**Section 6. This PTA shall keep such permanent books of account and records as shall be sufficient to establish the items of gross income, receipts and disbursements of the organization including, specifically, the number of its members, the dues collected from its members, and the amount of dues remitted to the Texas PTA. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the Texas PTA or, where directed by the Committee on State and National Relationships, by a duly authorized representative of the National PTA.
**Section 7. 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 Texas PTA.
**Section 8. This local PTA is obligated, upon withdrawal of its charter by the Texas PTA:
**Section 9. This PTA shall collect dues from its members and shall remit a portion of such dues to the Texas PTA as provided in Article VI hereof.
**Section 10. Only members of a local PTA who have paid dues for the current membership year may participate in the business of that association.
**Section 11. Bylaws of each constituent organization shall include a provision establishing a quorum.
**Section 12. The members of the nominating committee for officers of a constituent organization shall be elected by the membership, Board of Directors/Managers, Executive Board or Executive Committee.
**Section 13. Each local PTA shall include in its bylaws provisions corresponding to the provisions of such of the bylaws of the National PTA as are identified herein by a double star (**).
**Section 14. The adoption of an amendment to any provision of the Bylaws of the National PTA identified by a double star shall serve automatically and without the requirement of further action by the local PTA to amend its corresponding bylaws. The local PTAs shall promptly incorporate such amendments in its bylaws.
# Section 15. Each local PTA shall include in its bylaws provisions corresponding to the provisions of such of these bylaws as are identified by the state symbol (#).
**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 Texas PTA by which such local PTA is chartered, and is entitled to all the benefits of such membership.
**Section 2. Membership in this PTA shall be made available without regard to race, color, creed or national origin, under such rules and regulations, not in conflict with the provisions of the Bylaws of the National PTA, as may be prescribed in the bylaws of this PTA, to any individual who subscribes to the Objects and basic policies of the National PTA.4
**Section 3. This PTA shall conduct an annual enrollment of members, but may admit persons to membership at any time.
**Section 4. Each member of this PTA shall pay such annual dues to said organization as may be prescribed by the organization. The amount of such dues shall include the portion payable to the Texas PTA (the “state portion”) and the portion payable to the National PTA (the “national portion”).
**Section 5. The amount of the state portion of each member’s dues shall be determined by the Texas PTA. The national portion of each member’s dues shall be one dollar and seventy-five cents (1.75) per annum.
# Section 6. The amount of such annual dues shall include the portion of one dollar and twenty-five cents (1.25) per member payable to the Texas PTA (as determined in accordance with the bylaws of the Texas PTA) and the portion of one dollar and seventy-five cents (1.75) per member payable to the National PTA, and the local portion of two dollars ($2.00) 5 per member.6
**Section 7. The state and National PTA portions of the dues paid by each member of this PTA shall be set aside by this PTA and remitted to the Texas PTA through such channels and at such times as the state bylaws may provide. Each state PTA shall pay to the National PTA the amount of the national portion of dues paid by all members of local PTAs in its area.7
# Section 8. A local PTA must have a minimum of twenty (20) members to retain membership in the Texas PTA. Annual national and state portions of dues and names of members shall be sent to the Texas PTA Office postmarked on or before October 1st of the current year. Names of members and national and state portions of dues received after October 1st shall be sent to the Texas PTA Office whenever members are enrolled in the organization.
# Section 9. Organizations whose national and state portions of dues and names of all members enrolled are not in the Texas PTA Office postmarked on or before October 1st are ineligible to voting representation at state convention. Organizations whose national and state portions of dues are not paid by March 15th shall be dropped from the state roster.
# Section 10. Honorary Life Members
**Section 1. Each officer shall be a member of this PTA.
# Section 2. Officers and their election:
# Section 3. Nominating Committee:
# Section 4. Vacancies
# Section 5. Reason to remove:
By two-thirds (2/3) vote of the executive board an officer or chairman shall be removed from office for failure to perform duties, criminal misconduct or in unethical behavior in PTA business. An officer or chairman who misses three (3) consecutive meetings may be removed from office.
ARTICLE VIII: Duties of Officers
Section 1. The president shall:
#a. coordinate the work of the officers and committees of the association in order that the Objects may be promoted;
#b. confirm that a quorum is present before conducting any business at any meeting of the association;
#c. preside at all meetings of the association;
#d. appoint the historian and parliamentarian, subject to approval of the newly elected officers;
#e. appoint chairmen of special committees subject to approval of executive board;
#f. be authorized to sign on bank accounts (two of three authorized signatures shall be required on all checks);
#g. call a meeting of the newly elected officers within thirty (30) days after the election meeting for the purpose of selecting standing committee chairmen;
#h. represent the local unit as a delegate to council (when local is in membership with council);
#i. send the council secretary the names of delegate(s) and alternates(s) no later than October 1. If changes are made after October 1st, the president shall submit changes in writing prior to any regular meeting in order to be eligible to vote (when local is in membership with council);
#j. confirm that all officers are graduates of the current Texas PTA Leader Orientation or have completed the course by October 15 after the election;
#k. send the names and addresses of the officers to the Texas PTA Office by May 1 each year;
#l. be a member ex officio of all committees except the nominating and audit committees.
Section 2. Vice President(s)10
a. First Vice President shall:
#1. act as aide-to-the-president;
#2. preside in the absence of the president (in their designated order); and
#3. perform other duties as assigned by the president or association.
b. Second Vice President shall:
#1. be membership chairperson;
#2. preside in the absence of the president (in their designated order).
#1. be fundraising chairperson;
#2. preside in the absence of the president (in their designated order).
#1. be volunteer chairperson;
#2. preside in the absence of the president (in their designated order).
Section 3. The secretary11 shall:
#a. record the minutes of all meetings of the association;
#b. keep an accurate record of attendance at executive board meetings;
#c. be responsible for the correspondence;
#d. have a current copy of the bylaws;
#e. maintain a membership list.12
Section 4. The treasurer shall:
#a. have custody of all the funds of the association;
#b. keep books of account and records including bank statements, receipts, budgets, invoices, paid receipts and canceled checks for five years;
#c. make disbursements in accordance wit the budget adopted by the association;
#d. sign on bank accounts (two of three authorized signatures shall be required on all checks);
#e. present a financial report, both written and verbal, at every meeting of the unit and as requested by the executive board or the association;
#f. make a full report at the annual meeting;
#g. be responsible for the maintenance of such books of account and records as conform to the requirements of Article V, Section 6 of these bylaws; and
#h. submit books to the auditing committee as requested.
Section 5. The historian shall:
#a. act as custodian of all records and materials pertinent to the history of the association; and
#b. compile and keep a record of events and activities to be presented as the official history to the general body for adoption at the annual meeting.
Section 6. The parliamentarian shall:13
#a. advise the presiding officer on questions parliamentary law and methods of procedure; and
#b. vote only when the vote is by ballot.
Section 7. All officers shall:
#a. be a graduate of the Texas PTA Leader Orientation or complete the course by October 15th after their election;
#b. submit a Plan of Work to the executive board for approval;
#c. attend all meetings of the association;
#d. perform the duties outlined in these bylaws and those assigned from time to time; and
#e. deliver to their successors or the president all official materials within fifteen (15) days following the date at which their successors assume their duties.
#Section 1. This association shall hold a minimum of three (3) meetings a year.
#b. The regular meeting held in April shall be the election meeting.
#c. The annual meeting in April shall be for the purpose of receiving reports of officers and chairmen and for any other necessary business.
Section 2. Special meetings of the association may be called by the president or by a majority of the executive board, at least five days notice having been given.
#Section 3. Ten (10) members shall constitute a quorum for the transaction of business in any meeting of this association.15
Section 1. The executive board shall consist of:
**Section 2. A PTA member shall not serve as a voting member of this local PTA’s board on the local level while serving as a paid employee of, or under contract to, this local PTA.
Section 3. The duties of the executive board shall be to:
#c. approve the Plans of Work of all officers and committee chairmen;
#d. appoint an auditing committee consisting of not less than three (3) members, who are not authorized signers, at least thirty (30) days before the annual meeting, to audit the treasurer’s accounts;
#e. create standing and special committees;
#f. fill vacancies of officers and chairmen;
#g. prepare and submit a budget for the year to the association for adoption; and
Section 4. Meetings.
#b. A majority of the executive board members shall constitute a quorum.16
c. Special meetings of the executive board may be called by the president or by a majority of the members of the board, at least five (5) days notice being given.
ARTICLE XI: Standing and Special Committees
#Section 1. Only members of the association shall be eligible to serve in any elective or appointive position.
#Section 2. The executive board may create such standing and special committees as it may deem necessary to promote the Objects and carry on the work of the association. The term of each chairman shall be one (1) year or until the section of a successor.
#Section 3. The newly-elected president shall call a meeting of the incoming officers within 30 days after the election for the purpose of approving standing committee chairmen and such other business that becomes necessary.17
#Section 4. No chairman shall serve in the same office for more than two consecutive terms. One who has served more than one-half of a term shall be credited with having served that term.
#Section 5. All standing committee chairmen shall:
#Section 6. The president shall be a member ex-officio of all committees except the nominating and audit committees.
#Section 7. The quorum of any committee shall be a majority of its members.
ARTICLE XII: Council Membership
Section 1. (Applies only to local PTAs holding membership in a council of PTAs, and must correspond to council bylaws.)19
Section 2. This association shall pay annual dues of $75.00 to the Georgetown Council of PTAs as provided in the council bylaws.
This local PTA shall be represented at the annual meeting of the Texas PTA by the president or appointed alternate and by one delegate or alternate for every 50 members of the local unit, or a fraction thereof, based on the number of members in this local unit accredited in the Texas PTA Office as of October 1.
# ARTICLE XIV: Fiscal Year
Section 1. The fiscal year of this association shall begin July 1st and end June 30th.
Section 2. An audit committee consisting of not less than three (3) members, who are not authorized signers, shall be appointed by the executive board at least thirty (30) days before the last meeting of the year.20
Section 3. The audit committee report shall be adopted by the association.21
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the National PTA and its constituent organizations in all cases in which they are applicable and in which they are not in conflict with these bylaws, the bylaws of the Texas PTA, and the bylaws of the National PTA, or the articles of incorporation.
ARTICLE XVI: Amendments
# Section 1.
Section 2. This local unit shall submit a set of bylaws to the Texas PTA every five (5) years for review.
**Section 3. The adoption of an amendment to any provision of the Bylaws of the National PTA identified by a double star shall serve automatically and without the requirement of further action by the local PTA to amend correspondingly the bylaws of each local PTA. Notwithstanding the automatic character of the amending process, the local PTAs shall promptly incorporate such amendments in their respective bylaws.
# Section 4. The adoption of an amendment to any provision of the bylaws of the Texas PTA identified by the state symbol (#) shall serve automatically and without the requirement of further action by the local PTA to amend their corresponding bylaws.
# Articles or sections listed which bear the state symbol (#) are requirements of the Texas PTA. They do not require a vote of the association and should be incorporated promptly and verbatim into the local unit bylaws.
** Articles or sections listed which bear double stars (**) are requirements of the National PTA. They do not require vote of the association and should be incorporated promptly and verbatim into the local bylaws.
[1] In an incorporated organization the individual has additional protection for his personal assets against any lawsuits. The corporation entity provides this protection. In an unincorporated organization there is a greater potential for each and every member to be sued because there is no corporation entity. Protection against loss of funds can alternatively be gained if the PTA has sufficient officers and liability insurance. A lawyer or the office of the Secretary of State should be contacted for detailed information on the steps necessary to become an incorporated PTA unit.
2A constituent organization is this local PTA.
3 In 1977 the title of Article III was changed to conform with the District of Columbia corporation laws that govern the National PTA. This change was recommended by an attorney and approved by convention delegates. The remainder of the article retains the word “Objects” for its historical significance.
4 The question is frequently raised as to whether there is any age requirement for election as an officer of a PTA organization. The counsel of the Texas PTA has advised us that in his opinion:
“(a) In Texas the not-for-profit corporation laws do not specify an age qualification for persons who can serve as directors (members of the board of managers, etc.) of corporations. (b) Where there is no specification in the state corporation laws, a person should not be deemed to be eligible to serve as an officer unless the person is at an age at which he is competent to make contracts. Texas law does not specify at what age a person is competent to make contracts. (c) To be a PTSA member of the Texas PTA, a student must be in the 9th grade or above. It is not required to be a PTSA to have student members.”
5 The total amount of local unit annual dues is obtained by adding the per member National PTA portion, the Texas PTA portion and the per member portion desired for local use.
6 Individuals may expect their dues to be received in the Texas PTA office five (5) days after being received by the local unit. A list of member’s names and dues must be sent to the Texas PTA office before an individual is a PTA member.
7 The remittance to the Texas PTA shall be accompanied by a report in such form, as may be required by the Texas PTA, showing the name and address of the president of the PTA, the amount of dues collected during the period covered by the report, and the number and names of the members of the PTA.
8 All positions not filled by election or appointment become vacant at the close of the school year.
9 The National PTA, the Texas PTA and their parliamentary authority recognize that only one person shall be elected to serve in any one office.
10 Vice presidents should be named in order of precedence: first, second, third, etc. Each vice president should have administrative charge of a specific area. This must be listed in the bylaws. The first vice president shall be designated as the aide-to-the-president.
11 If a recording secretary is elected the duties of the secretary will be divided.
12 PTA membership lists are not to be released to outside interests by National PTA, Texas PTA, district, council, or local units.
13 The parliamentarian has the same duty as the presiding officer to maintain a position of impartiality, and therefore does not vote on any question except in the case of a ballot vote. If a member feels that he cannot properly forego his right to vote in order to serve as parliamentarian, he should not accept that position. See the current edition of Robert’s Rules of Order Newly Revised.
14 It is suggested that the membership be notified through regular publicity channels of the date and time of all association meetings following the first meeting of the executive board at which time this schedule is determined.
15 It is suggested that the quorum be set to reflect the number of members who could reasonably be expected at any the least number accepted.
16 In calculating a quorum, filled board positions rather than positions available will be counted.
17 Co-chairmen of a standing committee are not recognized (may be called assistant chairmen). Only chairmen have a vote.
18 Three (3) written copies of the Plan of Work should be submitted by the first executive board meeting.
19 If the local is in council membership this Article XII is necessary in the local bylaws. If the local is not in council membership, indicate “not applicable” and do not fill in the blanks.
20 An audit of the treasurer’s accounts is for the protection of the treasurer. It is the only means of assuring everyone that the accounts are accurate, and it relieves the treasurer of responsibility except in the case of fraud.
21 The audit report is adopted by a majority vote at the first general meeting following the close of the school year.
22 Each amendment to the bylaws shall be provided to the membership through the regular publicity channels thirty (30) days prior to the meeting at which the amendment is voted upon or at the previous regular meeting.
23 If not approved, they must be corrected and resubmitted.