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1. MCCPTA Training - Bylaws All you need to know to update your local PTA bylaws September 7, 2013 Montgomery Blair High School Silver Spring, MD. Presenter: Susan Fleck, susan (underscore) fleck@yahoo.com 301-728-9861 cell Bylaws Committee Chair Montgomery County Council of PTAs. 2.
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1 MCCPTA Training - Bylaws All you need to know to update your local PTA bylaws September 7, 2013Montgomery Blair High SchoolSilver Spring, MD Presenter: Susan Fleck, susan(underscore)fleck@yahoo.com 301-728-9861 cell Bylaws Committee Chair Montgomery County Council of PTAs
2 Why does your PTA need bylaws? • For your school community • For the Montgomery County and Maryland PTAs • For the IRS
3 Why does your PTA need bylaws? • For your school community • Creates transparency – all members know the basic rules • Assures smooth transition – explains how to nominate and elect officers • Assures accountability – provides the ground rules for decision making and managing money
4 MCCPTA Fall 2012 Training Why does your PTA need bylaws? • For the Montgomery County and Maryland PTAs • Creates the same ground rules for all our PTAs • Changes to template proposed and voted on in annual Maryland State PTA Convention • Allows flexibility for local PTAs to include their priorities • Requirement to maintain status as a PTA
5 MCCPTA Fall 2012 Training Why does your PTA need bylaws? • For the IRS • Tax laws require non-profit organizations to be incorporated • Tax laws require non-profit corporations to have bylaws • PTAs are non-profit corporations
6 Local PTA bylaws update process • When • Every three years at the minimum, • Or when needed/proposed by your PTA Board of Directors
Local PTA bylaws update process 7 • Who is involved • Your bylaws determine who appoints chair of Bylaws Committee • Committee then presents revisions to Board of Directors for approval • Board of Directors approves wording, or prepares alternative language • If alternative langauge prepared, both versions are presented to general membership 30 days before vote • General membership votes - even if no change was made • Send to Maryland PTA office for MDPTA bylaws committee approval
Local PTA bylaws – must submit final bylaws on printed booklet template 8 • Request printed booklet of the most recent local PTA bylaws template from Maryland PTA. • Submit request at http://www.mdpta.org/bridge_contact.html • Or email: office@mdpta.org • The printed booklet must be hand-edited and submitted via postal mail (with 2 copies). • This seems archaic, but this is still the easiest way for the MDPTA bylaws committee to review and approve changes for all Maryland PTAs. • Grin and bear it – we are all volunteers, even at the state level • Most recent version is July 2013 • MDPTA usually updates template language November and July each year
Local PTA bylaws – download electronic version 9 • Maryland PTA provides an electronic ‘draft’ file of the printed booklet • Go to http://www.mdpta.org/bridge_membership.html • Scroll to bottom, click on Members Only section Enter login information: LOGIN: Diversity PASSWORD: means.. • Use this electronic file to mark up your DRAFT language, and when the general membership has approved the changes, make the approved changes to the printed booklet.
Local PTA bylaws update process 10 10 MCCPTA Training, Fall 2013 When you make changes, start from scratch – MDPTA will not review changes from your past to your new bylaws Use the most recent template for your submission to the MDPTA, but if you started your process before the updated template was published, you can use previous versions as working documents. Announcing and distributing the draft bylaws for discussion can be done thru email and listserve, as well as through printed newsletters. PTAs often scan their approved bylaws and post on PTA website so members understand the roles and responsibilities of members and officers. Standing rules can be established to provide more detailed procedures that improve the management of your local PTA.
Local PTA bylaws – must comply with MCCPTA bylaws • Make the following revisions to the MDPTA template • Article V, section 5. Paying dues to MCCPTA • Add “as well as county council” after the words, “National PTA” • Article XII, Section 1.a. • Cross out the words, “the principal or alternate” in the bylaws • 2 delegates are required for MCCPTA (even if you can’t find 2 people to fill the positions) • This section should read: "The Association shall be represented in meetings of the Montgomery County Council of Parent Teacher Associations by the president or alternate and by two (2) delegates or their alternates..."
Local PTA bylaws update process 12 12 MCCPTA Training, Fall 2013 • How the committee works • Your existing bylaws determine who will create a committee (template says board of directors) • Your existing bylaws determine who will select the chair of the committee (template says president) • Bylaws committee prepares edited bylaws (can be identical to past bylaws), and presents to Board of Directors • Board of Directors reviews changes and agrees or disagrees • If agreed, present draft 30 days before general meeting • If disagreed, propose changes and present both committee and BOD changes to general membership 30 days before the general meeting
13 Local PTA bylaws update process • How to vote • Board of Directors presents revised bylaws to membership 30 days before general meeting • Vote at general meeting • a quorum of members in good standing discuss and vote according to Robert’s Rules • 2/3 must approve to adopt changes • (See Article XV, Section 1b, for a total revision of bylaws) • Minutes must be recorded from the general meeting • Local PTA CAN NOT vote to delete hashmarked text
14 Local PTA bylaws update process • How and where to submit • Make copy or scan bylaws as approved by local membership and keep it somewhere safe • Send minutes from meeting, the hand-filled (!) complete original and 2 copies to MDPTA at 5 Central Ave. Glen Burnie, MD 20161 • If approved by MDPTA, signed copy returned to you and MCCPTA. Scan, store, and distribute to membership. • If not approved, follow instructions to go through bylaws review again
15 Bylaws checklist – informationneeded • Your legal PTA name and address • Your county • Your incorporation number • Your National PTA ID number • Employer Identification Number (EIN) • Sales and Use Tax number • Insured by….. • All these are part of what is needed to be a PTA in good standing. • Look at your past bylaws or treasurer for most of this information
16 Bylaws checklist – hashmarkedtextguidelines • # hashmark in the template means that MDPTA requires ALL PTAs to abide by the language (note, requirements with the blank space do need to be filled in) • # text is not subject to being voted on and is required wording to be practiced by local PTAs • # for article – article and all sections must stand • # for section – section must stand, but other sections without # can be changed in the article • # for subsection – must keep the wording of that subsection • # with a blank space in it – must fill in the blank space with a number
17 Bylaws checklist – important issues • # hashmark means that MDPTA requires ALL PTAs to abide by the article. Text can not be changed or deleted. • Fill in all the blanks, even those where there is a #. Additional wording or explanations can be added on a separate sheet of paper • List titles for each vice-president (if more than 1) • Co presidents are not allowed ‘de jure’ (ie, in the bylaws), even if you have ‘de facto’ (ie, in reality) co-presidents. PTA can officially only recognize them as president and a vice-president-or president elect-who supports the president.
18 Bylaws approval process by MDPTA • Approved as submitted or with required language in cover letter • Congratulations! You don’t have to change anything, but you do have to accept the MDPTA wording • Required language is language that is consistent with the MDPTA – if you made a change to something that is logically inconsistent, it will be disallowed
Bylaws approval process by MDPTA 19 • Approved with language changes or Email requesting clarification of phrase or word • If minimal, an email clarifying the changes may suffice • Common questions of clarification • Electing delegates or selecting standing committees before electing the new leadership • Changing # text or not filling in blanks next to # hashmarked text • These changes must be addressed. • If changes are major, you may have to revise, vote, and resubmit – MDPTA bylaws committee will provide you guidance
Bylaws approval process by MDPTA 20 • Rejected • Must go through the whole process again. • Common reasons are • Fail to define duties of the various vice presidents • Failure to define succession if president resigns • Calling elected officers co-presidents
21 For reference • MDPTA – see http://www.mdpta.org/bridge_localbylaws.html • MCCPTA – bylaws website and guidebook provide the same information that is in this presentation - http://www.mccpta.org/Bylaws.html
For help 22 • If you want someone to look at your bylaws • If you want to understand why your local PTA bylaws were not approved or were rejected • If MDPTA does not get back to you • If MDPTA says they don’t have your bylaws on file • Contact : • MCCPTA bylaws chair: Susan Fleck • Susan(underscore)fleck@yahoo.com • 301-728-9861 • and your cluster coordinator(s)