Bylaws of the New Glarus Parent Teacher Organization
Article I: NAME, DESCRIPTION, & PURPOSE
Section
1: NAME - The name of the organization shall be the New Glarus Parent
Teacher Organization. The PTO is located at the New Glarus Elementary
School, 1420 Second Street, New Glarus, WI, 53574.
Section
2: DESCRIPTION – The New Glarus PTO is a non-profit organization that
exists for charitable, educational, and scientific purposes, including
the making of distributions to the New Glarus School District, which
qualifies as exempt organizations under section 501(c)(3) of the
Internal Revenue Code.
Section
3: PURPOSE - The purpose of the New Glarus PTO is to enhance the
educational experience of students at the New Glarus Public Schools by
providing support for their educational and recreational needs; promote
open communication between administration, teachers, and parents; foster
a sense of community and cooperation among a diverse student body by
sponsoring gatherings and events aimed at bringing students, parents,
and teachers together; and extend gratitude to a dedicated staff.
Article II: GENERAL PRINCIPLES
Section 1: NON-AFFILIATION – The PTO shall be noncommercial, nonsectarian, and nonpartisan.
Section 2: NON-ENRICHMENT OF MEMBERS AND OTHERS – No
part of the net earnings of the PTO shall inure to the benefit of, or
be distributable to its members, trustees, officers, or other private
persons, except that the PTO 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 III
hereof. No substantial part of the activities of the PTO shall be the
carrying on of propaganda, or otherwise attempting to influence
legislation, and the PTO shall not participate in, or intervene in
(including the publishing or distribution of statements) any political
campaign on behalf of or in opposition to any candidate for public
office. Notwithstanding any other provisions of these articles, the PTO
shall not carry on any other activities not permitted to be carried on
(a) by an association exempt from federal income tax under section 501
(c)(3) of the Internal Revenue Code, or the corresponding section of any
future federal tax code, or (b) by an association , contributions to
which are deductible under section 170 (c)(2) of the Internal Revenue
Code, or the corresponding section of any future federal tax code.
Section
3: FINANCIAL SOLVENCY – The PTO shall not, in any given school year,
spend or commit to spend more than it has in available funds.
Article III: MEMBERSHIP
All
parents and/or legal guardians of students who currently attend New
Glarus Public Schools (elementary, middle, or high school) and all
current faculty and staff of New Glarus Public Schools are automatically
granted membership in the organization. “Currently attend/ current” is
defined as occurring during the current PTO fiscal school year,
beginning August 1 and ending July 31 of the following year. All members
shall have the right to attend and participate in meetings and
activities of the organization, and shall have the right to vote and to
hold office. Non-members shall have the right to attend and participate
in meetings and PTO activities, but shall not have the right to vote or
to hold office. There are no membership dues.
Article IV: OFFICERS
Section
1: EXECUTIVE BOARD – The Executive Board shall consist of a President,
Vice President, Secretary, and Treasurer. Officer positions can be
shared if both parties agree and are elected as co-chairs in accordance
with these Bylaws. The school principal(s), or his/her designee, are
ex-officio members of the Executive Board, but do not have voting
privileges. The person(s) elected shall be given all of the rights and
responsibilities of the office as enumerated herein.
Section
2: TERM OF OFFICE – The term of office for all officers is one year,
beginning August 1 and ending July 31 of the following year. There is no
limit to the number of terms an officer may serve, so long as the
officer remains a member in good standing and is elected in accordance
with these Bylaws. A person may be elected to the same office or other
offices for more than one term. Each person elected shall hold only one
office at a time.
Section
3: QUALIFICATIONS – Any PTO member in good standing may become an
officer of the PTO. A person must commit to attend at least eight of the
regularly scheduled PTO meetings.
Section
4: NOMINATIONS and ELECTIONS – Candidate nominations for each office
will be solicited from the general membership at the April general PTO
meeting. Elections will be held at the May general PTO meeting, at which
time nominations may also be made from the floor. All members of the
organization may participate in the election. Voting shall be by voice
if a slate is presented. If more than one person is running for an
office, a ballot vote shall be taken. A majority of the votes cast by
the members present shall be necessary for election. Should no person
receive a majority of the votes cast, a run-off between the two (2)
persons who received the largest number of votes shall immediately be
held. Each
member in attendance at the May PTO meeting is eligible to vote, one
vote per member. Absentee and proxy votes are not allowed.
Section 5: DUTIES
Executive Board:
The Executive Committee shall transact necessary business during the
intervals between the meetings of the membership and such other business
as may be referred to it by the membership or these Bylaws, create
standing rules and policies, establish and oversee committees to conduct
the work of the PTO, prepare and submit an annual budget to the
membership, prepare reports and recommendations to the membership,
approve by majority vote of the Board unbudgeted expenditures of no more
than $100, and, in general, conduct the business and activities of the
organization.
President:
The President shall be the principal executive officer of the
organization and, subject to the control of the Executive Committee and
the direction of the membership, shall in general supervise and control
all of the activities of the organization. The President shall preside
at all meetings of the Executive Committee and all meetings of the
membership, serve as the official representative of the PTO, serve as an
ex officio member of all committees except the nominating committee,
and coordinate the work of all the officers and committees so that the
purpose of the organization is served. The President shall oversee and
share responsibility for all funds of the organization with the
Treasurer. The President shall receive receipts and co-sign disbursement
checks for monies due and shall co-sign checks from accounts receivable
to the organization from all sources prior to the Treasurer’s deposit.
Vice President:
The Vice President shall assist the President and carry out the
President’s duties in his or her absence or inability to serve.
Secretary:
The Secretary shall keep all records of the organization, record and
distribute minutes of Executive Board meetings and general PTO meetings,
prepare agendas for official PTO meetings, and manage communications
and marketing for the PTO, including but not limited to PTO newsletters,
email broadcasts, website, bulletin boards, etc. The secretary also
keeps a copy of the minutes book, bylaws, agendas, membership list, and
any other necessary supplies, and brings them to meetings.
Treasurer:
The Treasurer shall serve as custodian of the PTO finances, receive all
funds of the organization, keep an accurate record of receipts and
expenditures, make disbursements as authorized by the Executive
Committee or membership in accordance with the budget adopted by the
membership, follow all financial policies of the PTO, and hold all
financial records. The Treasurer shall provide all financial documents
and updates to the President and share responsibility for all funds of
the organization with the President. The Treasurer shall receive
receipts and co-sign disbursement checks for monies due and shall
co-sign checks from accounts receivable to the organization from all
sources, after acquiring the President’s signature but prior to deposit
by the Treasurer. He or she will present a financial statement from the
financial institution 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 year.
Section
5: EXECUTIVE MEETINGS –Meetings of the Executive Committee may be
called by the President or by a majority of the Executive Committee
anytime throughout the fiscal PTO year. Adequate notice of all meetings
shall be given to all members of the Executive Committee and, in the
absence of an emergency, at least three (3) calendar days in advance.
When possible, notice of the meetings should be announced to all members
of the organization. Any member may attend a meeting of the Executive
Committee, but shall not be entitled to vote on matters before the body.
Section
6: REMOVAL – An officer can be removed from office for failure to
fulfill his/her duties, after seven (7) days notice, by a majority vote
of the Executive Board.
Section
7: VACANCY – Any vacancy in office because of death, resignation, or
inability to serve shall be filled by election at the next regular
meeting of the membership, consistent with the procedures established
herein. However,
should a vacancy occur in the office of the President, the Vice
President shall immediately assume the office and at the next regularly
scheduled meeting, a new Vice President will be elected for the
remaining term of office. Any elected officer who has more than one
unexcused absence from the monthly meeting will result in termination,
and therefore the position will become vacant.
Section
8: SUCCESSION – Upon the expiration of the term of office or in the
event of resignation or removal from office, each officer shall turn
over to the President or Secretary, without delay, all records, books,
and other material pertaining to the office, and shall return to the
President or Treasurer, without delay, all funds pertaining to the
office.
ARTICLE V: MEETINGS
Section
1: GENERAL PTO MEETINGS – General PTO meetings shall be held to conduct
the business of the PTO. Meetings shall be held monthly, with the first
meeting occurring in August and the last scheduled meeting the
following May of the fiscal PTO school year, or at the discretion of the
Executive Board. June and July monthly general meetings are not
required; however, as needed they may be called as special meetings by
the President, any two (2) members of the Executive board, or five (5)
general members submitting a written request to the Secretary. The time
and the place of the general meetings shall be announced via the
district website at least five (5) calendar days prior to the meeting.
General meetings are normally held on the first Tuesday of the month
during the academic year, at 6:30 PM in the elementary school library. A
tentative budget shall be drafted and approved by a majority vote of
the members present at the August general meeting. The Annual Meeting
will be held at the May regular meeting. The annual meeting is for
receiving reports, electing officers, and conducting other business that
should arise.
Section
2: SPECIAL MEETINGS - Additional meetings of the organization may be
called by the President, any two (2) members of the Executive board, or
five (5) general members submitting a written request to the Secretary.
The time and place of all special meetings shall be announced at least
five (5) calendar days prior to the meeting.
Section 3: QUORUM – A minimum of five (5) members of the PTO present and voting constitute quorum for the purpose of voting.
Section
4: VOTING – A majority vote of the eligible voting members present at
any meeting shall be required for all action to be taken by the
organization. Each member in attendance at a PTO meeting is eligible to
vote, one vote per member. Absentee and proxy votes are not allowed.
ARTICLE VI: FINANCIAL POLICIES
Section
1: FISCAL YEAR – The fiscal year of the PTO begins August 1 and ends
July 31 of the following year. A tentative budget for each fiscal year
shall be drafted and approved by a majority vote of the members present
at the August general meeting.
Section
2: BANKING – All funds, excluding petty cash funds, shall be kept in a
checking account in the name of New Glarus PTO, requiring two signatures
(the President and the Treasurer), and held at a single, specified
local financial institution. The Treasurer shall keep accurate records
of any disbursements, income, and account information. Only the
Treasurer can deposit money into the checking account.
Section 3: ACCOUNTS RECEIVABLE
Procedure
- All accounts receivable, including cash or check, are for deposit
only. The preferred method of accounts received is by check, and cash
funds received should be discouraged whenever possible. All account
receivable checks on behalf of the organization shall be endorsed by the
Treasurer and the President prior to the Treasurer’s deposit. All
account receivable checks on behalf of the organization should be made
payable to the “New Glarus PTO.” All funds collected from an event where
the use of the petty cash box is not involved, must have a “Funds
Received” form completed and signed. When the Treasurer receives the
bank receipt for the deposit and verifies that the deposit is in the PTO
account, the receipt will be forwarded to the committee chair person
who originally wrote up the “Funds Received” form as a receipt to be
kept with the event files. The Treasurer’s files must include sufficient
information to support the revenue for the year end audit.
Timing
- All funds received must be given to the Treasurer within one (1) week
of receiving funds or an event. The exception to this is for classes or
events that require a minimum number of persons. Checks may be held
until the minimum number has been received and that confirmation the
event/class will be held is received. All deposits shall be made by the
Treasurer within a maximum of one (1) week of the Treasurer receiving
the funds.
Non-Sufficient Funds
– The PTO utilizes a check re-deposit service to help collect on bad
checks. The following wording must appear on any fundraising
documents/events where checks may be accepted, or on class registration
forms, etc.
- “Your
personal checks are welcome with valid identification. If your check
is returned, NSF, it may be re-presented electronically, and you will be
assessed a processing fee of $20-$30 or the maximum amount allowed by
law. The check writer is also responsible for all other check recovery
costs, including all attorney's fees, court costs and taxes.”
Section
4: ACCOUNTS PAYABLE – All checks, drafts, or other orders for the
payment of money on behalf of the organization shall be co-endorsed by
the Treasurer and the President. All disbursements shall be made within a
maximum of thirty (30) days from the receipt of the orders of payment
or earlier as indicated by individual vendor requirements. All payments
over $100 need prior budget approval and receipt of purchase before a
check may be issued. No payments, regardless of cost, will be dispersed
without an invoice.
Section
5: WITHDRAWALS – Two party signatures by the President and Treasurer
are mandatory on any and all monetary withdrawals as authorized
previously in these Bylaws. Cash withdrawals should only be used in
cases of emergency and as approved by majority vote of the membership at
the meeting prior to the proposed withdrawal. Check payment is the
preferred method of payment for all PTO financial transactions.
Section 6: PETTY CASH BOX
- Definition
– A PTO petty cash box shall be maintained to accommodate day to day
financial transactions needed to conduct routine PTO business. The petty
cash box shall be locked and held in the elementary school office. The
petty cash box is the responsibility of the Treasurer. The cash box
shall contain no more or no less than $100. Two adults must be present
with the cash box money at all times when the cash box is not locked in
the elementary office.
- Money Handling Procedure Before an Event Using the Cash Box –
- Any
cash transactions of the PTO petty cash box must have two adults
witness and count cash before and after any activity and sign the “Cash
Box Log.”
- Request notification for cash box use must be given to the Treasurer at least one (1) week before an event.
- Money Handling Procedure After Event Using the Cash Box –
- All funds received in cash must be counted by two adults, preferably with one of the two being a PTO Committee Chair or Officer.
- Separate currency by denomination, and fill in amounts on the “Cash Box Log” form.
- Log number of checks and total value on the “Cash Box Log” form.
- The
“Cash Box Log” form signed by counters, and the money, must be given to
the Treasurer within one (1) week of the event. Contact the Treasurer
to make arrangements to transfer funds; do not put them in the
Treasurer’s mailbox. When the Treasurer receives the bank receipt for
the deposit and verifies that the deposit is in the PTO account, the
receipt will be forwarded to the committee chair person who originally
wrote up the deposit as a receipt to be kept with the event files.
Section
7: DONATIONS – Any generalized donations not specific to any
fundraising activities, shall receive a written receipt by the
Treasurer. Property or check donations are the preferred methods of
donation. Cash donations received should be discouraged whenever
possible. All donations should be recorded by the Treasurer and
reflected in the financial reporting.
Section
8: REIMBURSEMENT – The PTO prefers to pay bills directly using a PTO
check, rather than requiring individual volunteers to pay expenses and
then get reimbursed. However, there will be circumstances where
reimbursements are necessary. All reimbursements require a receipt and a
“Check Request” form to be submitted. There will be no reimbursement of
expenses without the actual receipt or invoice and a completed “Check
Request” form under any circumstances. Volunteers must turn in
completed “Check Request” forms and the receipts to their respective
committee chairperson. The chair of an event/activity is responsible for
collecting and submitting all receipts and completed “Check Request”
forms to the PTO Treasurer within one (1) week of the event. Blank
signed checks will not be issued for any reason. Allow two (2) weeks for
processing of a check request. If the request is more time critical,
contact the Treasurer by phone or email. All requests for checks must be
in the hands of the Treasurer by July 1st to allow adequate time for
processing. If payment is needed prior to an event, please contact the
treasurer as early as possible to schedule the payment.
Section
9: REPORTING AND AUDITING– All financial activity shall be recorded in a
computer based or manual accounting system. The Treasurer shall
reconcile the account(s) monthly and report all financial activity
monthly and as requested by any current member. The Treasurer must bring
an official monthly financial institution statement to each general
meeting, including a recent account balance and all account activity in
the previous month. The PTO shall arrange an independent, professional
review of its financial records each year, and keep it in a secured file
for at least seven (7) years. The cost of the independent review shall
be included in the annual budget.
Section
10: ENDING BALANCE – The organization shall leave a minimum of $2,000
in the treasury at the end of each fiscal year. The PTO may donate
monies to the elementary, middle, and high school’s coded account in
order to meet IRS and non-profit financial obligations.
Section
11: CONTRACTS – Contracts are valid only when signed by the President
and another Executive Committee member. The President or other Executive
members shall not have the authority, however, to enter into contracts
or agreements for the purchase of materials or services on behalf of New
Glarus Schools, nor should they hold themselves out as having such
authority. The PTO should only enter into written (not verbal)
contracts. Independent contractors earning above $600 must supply a
street address and social security number for IRS purposes; use Form
W-9.
Section
12: TAX EXEMPTION - The PTO has its own tax ID # for sales tax
exemption purposes. Copies of the sales tax exemption certificate are
kept by the Treasurer, and are also available on the website. In order
to take advantage of the exemption, purchases must be made directly with
PTO funds via a PTO check. Members cannot purchase items with personal
funds or cash and receive the sales tax exemption. A copy of Federal
tax exemption paperwork is kept by the Treasurer. If additional copies
are needed or if a specialized letter is needed, please contact the
Treasurer. Any donor who requests documentation of the PTO’s tax exempt
status should be provided with the “IRS Tax Exempt Determination
Letter.” A copy of this letter is available from the
Secretary/Treasurer.
ARTICLE VII: COMMITTEES
Section
1: MEMBERSHIP – Committees may consist of members and board members,
with the President acting as an ex officio member of all committees. The
PTO shall solicit volunteers among the membership to develop a pool of
possible project and committee chairpersons. The Executive Board shall
appoint committee chairpersons as is needed for each committee.
Section
2: STANDING COMMITTEES – The PTO may create standing committees as it
may deem necessary to promote the purpose and carry on the work of the
PTO.
Section
3: COMMITTEE BUDGETS – A budget for each project and committee shall be
included and approved in the annual budget meeting in August. All
committee chairpersons must, in good faith, ensure that the net of
receipts and expenditures associated with their committee or project
remain within the bounds of the budget set by the Executive Board. Any
planned or unplanned expenditures or lack of receipts that cause the
committee or project to exceed the allotted budget or fall short of the
expected receipts must be communicated, without delay, to the Executive
Board. If a revision or over-run is warranted, it needs to be approved
by the general membership (for amounts greater than $100) by majority
vote. Such changes should be approved prior to any money being spent.
Section
4: COMMITTEE RECORDS AND REPORTING – All committee chairs shall update
their records at the conclusion of an event and provide said records to
the Executive Board at that time and without delay. Note that for most
events or fundraisers where money is sent in advance or through the
classrooms, cash payments should be discouraged. For fundraisers or
classes, a spreadsheet showing a class roster or details of the
fundraiser should be submitted as backup for the deposit. Deposits must
be given to the Treasurer within one (1) week of receiving checks. The
exception to this is for classes or events that require a minimum number
of persons. Checks may be held until the minimum number has been
received and that confirmation the event/class will be held is
received. All checks received on behalf of the organization should be
made payable to the “New Glarus PTO.”
ARTICLE VIII: BYLAW AMENDMENTS
Amendments
to the bylaws may be proposed by any PTO member. Amendments presented
at a PTO meeting shall be considered for voting provided the amendment
has been posted or distributed at least two (2) weeks in advance. A
majority approval of all eligible members present and voting is required
to adopt an amendment to the Bylaws. A copy of the current Bylaws are
to be kept on file by the Secretary and be available at general meetings
and on the district website, and upon request, to any member of the PTO
between meetings.
ARTICLE IX: DISSOLUTION
In
the event of dissolution of the PTO, any funds remaining shall be used
to pay any outstanding bills and any remaining assets shall be
distributed to the New Glarus Public Schools (equally divided between
the public school buildings), non-profit entities within the meaning
section 501(c)(3) of the Internal Revenue Code, or the corresponding
section of any future federal tax code.
ARTICLE X: PARLIAMENTARY AUTHORITY
The authority for this organization shall be Robert’s Rules of Order Newly Revised.
ARTICLE XI: INSURANCE
The
PTO shall annually maintain, at minimum, General Liability, Excess
Accident Medical, Fidelity Bond, and Directors’ & Officers’
Liability Insurance (D&O) insurance for the entire duration of each
fiscal PTO year. Insurance coverage shall be included in the annual
budget. Additional insurance coverage/policies may be purchased if
approved by a majority of eligible voters.
ARTICLE XII: LEGAL FEES AND ADMINISTRATIVE COSTS
The PTO shall budget $500 annually for any legal fees and/or administrative costs acquired during the year.
ARTICLE XIII: CONFLICT OF INTEREST POLICY
Section
1: PURPOSE – The purpose of the conflict of interest policy is to
protect this tax-exempt organization’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 organization 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
- 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.
- Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
Section 3: PROCEDURES
Section
4: RECORDS OF PROCEEDINGS – The minutes of the governing board and all
committees with board delegated powers shall contain:
Section 5: 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 organization 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 organization 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 subjects:
- Whether
compensation arrangements and benefits are reasonable, are based on
competent survey information, and are the result of arm’s length
bargaining.
- Whether
partnerships, joint ventures, and arrangements with management
organizations conform to the organization’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 organization 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.