Twin Lakes Elementary PTO Constitution & By-Laws
October 31, 2008
ARTICLE I: NAME
The name of this association is the Twin Lakes Elementary Parent Teacher Association, herein referred to Twin Lakes PTO.
ARTICLE II: ARTICLES OF ASSOCIATION
The association exists as an unincorporated association of its members. The articles of association are comprised of this constitution and by-laws, as amended.
ARTICLE III: PURPOSE
This association is organized and shall be operated exclusively for charitable, scientific and education purposes, and in particular, to engage in fundraising to support public school programs, organize community and social events to bring home and school into closer relationship and develop volunteer opportunities in the school and community all of which are directly associated with Twin Lakes Elementary School, Independent School District #728. This association may receive and disburse funds or other property incident to or necessary for the accomplishment of the aforesaid purposes and do any and all acts incidental to the transaction of the business of this association or expedient for the attainment of the purposes stated herein.
In furtherance of its purposes, this association may engage in, advance, promote and administer charitable, scientific and education activities and projects of every kind and nature whatsoever in its own behalf or as the agent, trustee or representative of others, and may aid, assist and contribute to the support of corporations, associations and institutions which are organized and operated exclusively for such purposes and which are described in Section 501(c) (3) of the Internal Revenue Code of 1986.
For its purposes and not otherwise, this association shall have only such powers as are required by and are consistent with the foregoing purposes, including the power to acquire and receive funds and property of every king and nature whatsoever, whether by purchase, conveyance, lease, gift, grant, bequest, legacy, devise, or otherwise, and to own, hold, expend, make gifts, grants, and contributions of, and to convey, transfer, and dispose of any funds and property and the income there from for the furtherance of the purposes of this association hereinabove set forth, or any of them, and to lease, mortgage, encumber, and use the same, and such other powers which are consistent with the foregoing purposes. All the powers of this association shall be exercised only so that this association’s operations shall be exclusively within the contemplation of Section 501 (c) (3) of the Internal Revenue Code of 1986.
All reference in this Constitution/By-Laws to sections of the Internal Revenue Code of 1986 include any provisions thereof adopted by future amendments thereto and any cognate provision in future Internal Revenue Codes to the extent such provisions are applicable to this association.
ARTICLE IV: NOT FOR PROFIT
This association shall not afford pecuniary gain, incidentally or otherwise, to its members. No part of the net income or net earnings of this association shall inure to the benefit of any member or individual. No substantial part of its activities shall consist of carrying on propaganda or otherwise attempting to influence legislation. This association shall not participate in or intervene in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office.
This association shall distribute for each of its taxable years amounts at least sufficient to avoid liability for the tax imposed by Section 4942(a) of the Internal Revenue Code of 1986. For purposes of this Constitution/By-Laws, the term “income” means, for each taxable year of this association, the distributable amount with respect to this association as defined in Section 4942(d) of the Internal Revenue Code of 1986.
This association my not engage in an act of “self-dealing” (as defined in Section 4941(d) of the Internal Revenue Code of 1986) that would give rise to the liability for the tax imposed by Section 4941(a) of the Internal Revenue Code of 1986.
This association shall not retain “excess business holdings” (as defined in Section 4943(c) of the Internal Revenue Code of 1986) that would give rise to liability for the tax imposed by Section 4941(a) of the Internal Revenue Code of 1986.
This association may not make any investments that would jeopardize the carrying out of the exempt purposes of this association, within the meaning of Section 4944 of the Internal Revenue Code of 1986, so as to give rise to liability for the tax imposed by Section 49449a) of the Internal Revenue Code of 1986.
This association may not make a “taxable expenditure” (as defined in Section 4945(d) of the Internal Revenue Code of 1986) that would give rise to liability for the tax imposed by Section 4945(a) of the Internal Revenue Code of 1986.
This association shall not lend any of its assets to any officer or director of this association or guarantee to any other person the repayment of a loan made to an officer or director of this association.
Nothing herein shall be construed to establish or prohibit the payment of reasonable compensation to officers or directors of this association for services actually rendered by them to this association
ARTICLE V: MEMBERSHIP
- The membership of the association shall consist of all interested parents, guardians and educators of Twin Lakes Elementary School.
- All members of the association shall be entitled to vote and to hold office.
ARTICLE VI: OFFICERS AND THEIR ELECTION
- Each officer of this parent teacher association shall be a member of the association.
- The elected officers of this association shall be co-chairpersons, treasurer and secretary. Two persons may hold any office in a cooperative effort.
- Officers shall be elected annually by a majority voice or ballot vote at a designated meeting. Officers shall assume their official duties at the close of the last meeting of the school year.
- Co-chairs shall serve a term for two years, with elections on alternating years. Treasurer and Secretary shall serve a term of two years.
- The members at a designated meeting shall nominate officers. Additional nominations may be made from the floor during the annual election meeting, provided the consent of each candidate has been obtained.
- The consent of each candidate shall be obtained prior to having his/her name placed in nomination.
- A vacancy occurring in any office shall be filled for the expired term, by a person elected by a majority voice or ballot vote of all members at a designated meeting.
- If an office remains unfilled after election, it shall be considered a vacant office to be filled by a majority of members present at a designated meeting.
- Officers may be removed from office by the majority vote of the Executive Committee.
ARTICLE VII: DUTIES OF OFFICERS
All officers shall deliver to their successors all official material before the end of the school year.
The Co-Chairpersons shall:
- Preside at all meetings.
- Prepare the agenda for the meetings.
- Coordinate the work of the officers and the committees.
- Promote the objectives of the Twin Lakes PTO.
- Review monthly bank statements with Treasurer.
The Secretary shall:
- Record the minutes of the association and place a copy of them in the minute’s book in the Twin Lakes Elementary main office and email them to Twin Lakes Elementary staff to be posted on the school web site. The minutes shall also be emailed to the executive committee members and other members as requested.
- Be responsible for sending suitable messages to members as occasions warrant.
- Perform other such duties as may be delegated to him/her.
The treasurer shall:
- Prepare and present the annual budget to the membership for their approval at a designated meeting.
- Receive all money of the association.
- Keep an accurate record of receipts and expenditures.
- Pay funds as authorized by the association is accordance with the budget.
- Present a financial statement at every meeting of the association and at other times when requested by the Executive Committee.
- Make a final report at the last meeting of the school year.
- Review monthly bank statements with the president.
- File appropriate forms with the IRS.
ARTICLE VIII: EXECUTIVE COMMITTEE
- The Executive Committee shall consist of the officers of the association, the principal of the school and the parent liaison of the school.
- The duties of the Executive Committee shall be: To audit funds of the association at least twice a year. To remove officers from office by majority vote.
- The co-chairpersons shall serve as chairperson of the board.
- The executive committee shall transact necessary business in person, by phone, or email between meetings of the association and such other business as may be referred to it by the association.
- The executive board shall create committees as are deemed necessary to promote the objectives and to carry on the work of the association.
ARTICLE IX: MEETINGS
- Regular meetings of this association shall be held in the months of September, October, November, January, February, March and April. The executive board may call special meetings.
- The Co-Chairpersons shall prepare the agenda for the general meeting. Anyone wishing to be on the agenda should contact the Co-Chairpersons.
- Prior notice to all regular association meeting must be provided to all the members.
- Those members present at any regularly scheduled meeting shall constitute a quorum.
- The privilege of making motions, debating, and voting shall be limited to members of the association.
- Issues presented at the general membership meetings shall be decided by a simple majority vote.
- Members who would directly benefit from a motion must abstain from voting on that motion.
ARTICLE X: STANDING AND SPECIAL COMMITTEES
- A standing committee is any ongoing committee of the association. A special committee is a committee that is created for a limited purpose.
- Standing and special committees shall be created by the Executive Committee, as deemed necessary to carry on the work of the association. Coordinators (Chairs) of these committees shall be selected by the Executive Committee. Their terms shall be concurrent with those of the officers, or until successors have been appointed.
- The coordinators of each committee shall present a plan of work to the Executive Committee for approval before commencement of the work or expenditure of funds.
- Committee chairs shall keep the association informed of their committee’s progress.
- Reports shall be compiled before the end of the school year and deliver it to the executive committee.
ARTICLE XI: FUNDRAISING
- All fundraising activities conducted by the association must be approved by the Twin Lakes Elementary Principal.
- The fundraising activities sponsored by the association shall not include door-to-door selling of products for profit.
- Donations raised by the association become the property of the association.
ARTICLE XII: MANAGEMENT AND DISBURSEMENTS OF FUNDS: BUDGET
- A majority of the members present at any meeting of the association is required to authorize the disbursement of association funds except as follows:
- The approval of the co-chairs/executive committee is required to disburse funds exceeding the amount specified in the annual budget.
- The committee coordinators are authorized to disburse funds complying with the annual budget.
- Members voting to authorize disbursement of association funds must have at least one previous PTO meeting
- The treasurer upon verification of expenditures will disburse authorized funds.
- The executive committee can act upon fund disbursement of under $100.
- The principal must approve teacher requests, before being presented to the PTO.
- The Executive Committee is responsible to audit funds of the association at least twice annually.
- The preliminary Twin Lakes PTO budget shall be presented and approved at a designated meeting/last meeting of the school year.
- Checks and Balances shall include:
- Monthly bank statements shall be reconciled by the treasurer abs reviewed by the co-chairs.
- At least two (2) people will verify receipts at the close of each fundraiser, and sign and date a statement certifying the amount collected.
ARTICLE XIII: NONDISCRIMINATION POLICY
There will be no discrimination on the basis of race, sex, religion, or national origin in the selection of officers, committee members, or in any aspect of the business association.
ARTICLE XIV: AMENDMENTS
Amendments to the by-laws must be presented at a regular meeting of the association and approved by two-thirds (2/3) majority vote of the members present. A committee may be appointed to submit a revised set of the by-laws for consideration. The adoption of a revised set of by-laws shall be the same as in the case of the amendment.
ARTICLE XV: PARLIMENTARY AUTHORITY
Robert’s Rules of Order shall decide all questions of order not provided by these by-laws.
Agenda to follow an established order of business:
- Call to order
- Approval of minutes.
- Officers’ reports including treasurer.
- Reports of standing committees.
- Reports of special committees.
- Old business.
- New business.
- Announcements.
- Adjournment.
Robert’s Rules of Order
Basic steps for action items:
- Member addresses president/co-chair.
- President/co-chair recognizes the member
- Member states motion. “I move…
- Another member seconds the motion.
- President/co-chair repeated the motion and asks for discussion.
- Members discuss motion, asks questions and clarifications.
- An amendment may be made to the original motion. “I move to amend by adding, deleting, changing, etc.”
- President/co-chair asks for a second.
- President/co-chair asks for discussion.
- President/co-chair calls for vote.
- Vote is taken.
- President/co-chair announces results of vote.
ARTICLE XVI: DISSOLUTION
This association may be dissolved in accordance with the laws of the State of Minnesota. Upon dissolution of this association any surplus property remaining after the payment of its debts shall be disposed of by transfer to one or more corporations, associations, institutions, trusts, or foundations organized and operated for one or more of the purposes of this association, and described in Section 501(c)(3) of the Internal Revenue Code of 1986, or to the State of Minnesota or any political subdivision or agency thereof for exclusively public purposes, in such proportions as the Board of Directors of this association shall determine. Notwithstanding any provision herein to the contrary, nothing herein shall be construed to affect the disposition of property and assets held by this association upon trust or other condition, or subject to an executory or special limitation, and such property, upon dissolution of this association, shall be transferred in accordance with the trust, condition or limitation imposed with respect to it.
The Twin Lakes Elementary Parent Teacher Association, were approved on October 11, 2007.