BYLAWS

MONTCLAIR PARENT, TEACHER ORGANIZATION, INC.

ARTICLE 1—NAME

The name of this organization shall be the Montclair Parent, Teacher Organization, Inc., also known as the Montclair PTO, Inc. ("PTO").

ARTICLE 2—OBJECTIVE

The objectives of the Montclair PTO, Inc. shall be:

a)   To promote education, communication, and understanding among the students, parents, faculty, administration, and community of Montclair Elementary School ("the School");

b)   To conduct fundraising activities and accept contributions for the purpose of providing for programs, materials, and other activities of the School and its staff and students within the meaning of Section 501 (c )(3) of the Internal Revenue Code which includes but is not limited to:

i.     Supply and facilitate parental and community aid to the School

ii.    Aid the School in projects and public information

iii.   Enhance and augment the basic curriculum through volunteerism and student enrichment programs

c)    To promote the welfare of children and youth in home, school, and community, and;

d)   To promote parental support for and cooperation with the teachers and administrators of the School in the education of the children enrolled in the School.

ARTICLE 3—POLICIES

a)   The Montclair PTO, Inc. shall be noncommercial, nonsectarian, and nonpartisan. Neither the name of the PTO nor the name of any of its members or officers in their official capacity shall be used in any connection with a commercial concern, or with any partisan interest or for any purpose other than the regular work of the PTO.

b)   The PTO shall not seek either to direct the administrative activities of the School or to control its policies.

c)   The program of the PTO shall be education, fundraising, and social activities, which shall be developed through meetings, conferences, committees, and projects consistent with Article 2b, above.

d)    The PTO may cooperate with other organizations and agencies active in child welfare, such as conference groups or coordinating councils, provided that no commitment shall bind the PTO beyond the current school year.

e)   No part of the activities of the PTO will include electioneering in connection with ballot measures or legislative actions, and under no circumstances shall the PTO engage in political activity either for or against any candidate for public office.

ARTICLE 4—MEMBERSHIP

Membership is open, and all parents/legal guardians of children enrolled at the School and all educational staff at the School are automatic members of the PTO.

ARTICLE 5—OFFICERS AND ELECTIONS

a)   All officers must be members of the Montclair PTO, Inc.

b)   All officers of the PTO shall consist of a president, vice president, secretary, treasurer and two volunteer coordinators.

c)   Nominations for officers shall be made by a nominating committee. The nominating committee shall consist of at least three members, at least one of whom shall be a present officer. The nominating committee shall be selected in February by the president, and the president shall appoint one of the appointees to the nominating committee to serve as chairperson of the committee. The nominating committee shall accept nominations made by PTO members until the date of the March PTO meeting. The nominating committee shall ensure that at least one nominee for each office appears on the ballot, and shall submit the names of the nominees for publication in the newsletter prior to the election. Only those persons who have consented in advance to serve if elected shall be eligible for nomination, either by the nominating committee or by the PTO membership.

d)    The election of officers for the coming school year shall be held at the April meeting. Officers shall be elected for a term of one year, and shall assume their official duties at the last PTO meeting of the school year after the outgoing PTO officers have completed their business for that year, with exception of the treasurer's term.

e)   A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority vote of the members of the PTO. In the case of a vacancy occurring in the office of president, the vice-president shall assume the duties of president for the unexpired term (and a new vice-president elected for the unexpired term).

f)   A teacher representative selected by the current school principal shall be an ex officio officer of the PTO and shall serve as the liaison between the PTO and the teaching staff.

 

ARTICLE 6—DUTIES OF OFFICERS

a)   The president shall preside at all meetings of the PTO. The president shall be a member ex officio of all committees except for the nominating committee. The president shall also coordinate the work of the officers and committees and shall perform other duties as may be necessary and proper for the operation and well being of the Organization and the School.

b)   The vice-president shall assist the president and shall perform the duties of the president in his/her absence; shall be responsible for overseeing all Fundraising activities; shall perform other duties as may be necessary and proper for the operation and well being of the Organization and the School.

c)   The secretary shall keep an accurate record of all business transacted at each PTO meeting and be responsible for all correspondence, and notifications to the membership. The secretary shall have on hand for reference at each meeting: a copy of the bylaws, the minutes of the previous meeting, and the lists all standing volunteer committees and their respective responsibilities. The secretary shall also perform other such duties as may from time to time be delegated him/her by the president.

d)    The treasurer shall receive all monies of the PTO, keep an accurate record of PTO receipts and expenditures, payout funds in accordance with the approved budget authorized by the PTO, and acknowledge donations in accordance with the financial policies and procedures. The treasurer shall present a financial statement at every meeting. All funds of Montclair PTO, Inc. shall be maintained in an insured deposit account in a bank or savings and loan institution as directed by the president. All checks drawn on the Montclair PTO, Inc. account shall be signed by the treasurer, one other authorized, unrelated PTO officer. The treasurer's account shall be examined annually by a person appointed by the President, who, if satisfied that the treasurer's annual report is correct, shall sign a statement to that effect at the end of report. The auditor shall be appointed by the PTO before the June meeting.  The treasurer’s term shall run from August 1 to July 31, and shall not be complete until all federal and state tax filings are completed for the prior fiscal year

e)   The treasurer shall be the chairperson of the budget committee, members of which shall consist of the incoming treasurer, vice-president, incoming vice- president, and three members at large, including at least one Montclair teacher, appointed by the committee chair. The budget committee shall meet each year after the March PTO meeting to review the past year's budget and to prepare a proposed budget for the following year.

f)   Volunteer Coordinators are responsible for the managing and communication about volunteers,  tracking hours, and producing the student directory.

g)      All officers shall:

i.       Perform the duties prescribed in the bylaws and any additional duties, which may be assigned, to them from time to time.

ii.     At the final meeting of the school year, deliver to their successors all papers, files, and records pertaining to their duties and responsibilities.

ARTICLE 7—BUDGET AND TREASURY

a)   The proposed budget shall be included in a school-wide newsletter prior to the May meeting.

b)   The proposed budget shall be presented and voted upon at the May PTO meeting.

c)   Any non-budgeted expenditures must be approved in advance by the PTO during a meeting. In the event that time is short, all PTO officers must approve any non- budgeted expenditure from the genera! fund for up to $200.  Unbudgeted, non-emergency expenses shall not exceed $1,000 in total in one year.

d)    The disposition of any funds remaining in the treasury at the end of one school year shall be determined by the Montclair PTO, Inc. at the last meeting of the school year prior to turning the meeting over to the officers' successors.

e)   All funds raised in the current year will be passed to new officers as the operating fund for the next year's proposed budget activities.

f)    A reserve fund of at least $5,000 shall be maintained separate from the operating budget each year, to be used for urgent unbudgeted needs, as determined by the PTO membership.

ARTICLE 8—PTO MEETINGS

a)   Meetings of the PTO shall be held monthly, September through June with the December and June meetings being optional. Other general meetings may be called from to time by the PTO Officers as necessary, with ten days notice to PTO membership.

a)   Meetings shall consist of officers of the PTO and any members at large in attendance.

b)   The PTO members present at a PTO Meeting shall constitute a quorum.

c)    The rules of procedure for Meetings, as to matters not expressly governed by these bylaws or the articles of incorporation, shall be those prescribed in Roberts' Rules of Order, Revised.

ARTICLE 9—AMENDMENTS

These bylaws may be amended at any meeting of the PTO by a majority of members present and voting, who constitute a quorum; however, notification of a suggested amendment must be presented at a prior meeting with notification to the entire PTO so proposed amendment ramifications may be considered. An affirmative vote on an adopted amendment to the bylaws may not be reconsidered, because the moment it is adopted it takes effect at once. The Corporation's bylaws, may not, however, contain any provision inconsistent with the law or the Corporation's Articles of Incorporation.

ARTICLE 10—DISSOLUTION

In the event that the Montclair PTO, Inc. is dissolved, all its assets shall be distributed in accordance with the decisions or plan made therefore by the previous year's officers, as follows:

 

1.    All liabilities and obligations shall be satisfied and discharged or adequate provisions shall be made therefore.

 

2.    Assets held by the corporation upon condition requiring return, shall be returned in accordance with such requirements.

 

3.    Remaining assets shall be transferred to one or more organizations engaged in similar activities and who qualify under Section 501 ( c) (3) of the Internal Revenue Code. If applicable, assets shall be transferred proportionally to qualifying new school(s) serving the Montclair community.

 

ADOPTED BY RESOLUTION of the Montclair PTO, inc. this _____________day of

              , 1992.

 

__________________________

Joy C. Patterson, PTO Secretary

Amended June 10, 1997

Amended February 8, 2000

Amended April 11, 2011, Elena Frank, Treasurer ______________________________

Amended April 21, 2016