Pioneer Middle School

BY-LAWS OF
PIONEER MIDDLE SCHOOL
PARENT TEACHER ORGANIZATION, INC.

The Members upon motion made, seconded and carried have duly adopted these BY-LAWS of the Pioneer Middle School Parent Teacher Organization, Inc.

ARTICLE I - Name, Status, and Purpose

Section 1 The name of the organization shall be Pioneer Middle School Parent Teacher Organization, Inc. and shall be referred to hereinafter as the “PTO”. This PTO is a nonprofit public benefit corporation under the Non-Profit Public Benefit Corporation Law of the State of California.

Section 2 Tax Exempt Status
A. In accordance with the applicable law, the PTO is organized and shall operate exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. No part of the net assets or income of the PTO shall ever inure to the benefit of any director, officer, or member of the PTO, or the benefit of any private person. Upon dissolution or winding up of the corporation, it’s assets remaining after payment, or provision for payments, of all debts and liabilities of the PTO shall be distributed to a non-profit fund, foundation, or corporation which is organized exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the Internal Revenue Code.

B. The PTO Executive Board shall not engage in any act or conduct, which is contrary to its establishment of tax-exempt status, nor shall it omit to engage in any act or conduct, which is necessary to its establishment of tax-exempt status. Any act or conduct, which violates the provisions of this paragraph, shall be deemed void ab initio.

Section 3 Purpose of Organization
A. Act as a parent teacher organization for Pioneer Middle School of the Tustin Unified School District, Tustin, California
B. Formed for public and charitable purposes
C. Promote the welfare of children at school, home, and the community
D. Partner with administrators, teachers, parents, and the community in efforts to secure the highest advantages in physical, educational, and social interactions among the students

Section 4 Agent for Service of Process
The Agent for Service of Process shall be the President of the PTO, and the Executive Board shall file the required Statement By Domestic Non-Profit Corporation annually to reflect the current President as the designated Agent for Service of Process

Section 5 Fiscal Year
The fiscal year for the PTO shall be August 1 of each year through July 31 of the following year.

ARTICLE 2 – MEMBERSHIP

Section 1 Eligibility for Membership
Membership in the PTO shall be open to all parents, guardians, families, and friends of any student of Pioneer Middle School; to all faculty, staff and administrators of Pioneer Middle School, and to all other individuals in the community who desire to support the PTO. Membership shall not be denied on the basis of race, creed, color, religion, gender, age or disability.




Section 2 Membership Dues
Membership dues are to be paid annually and are valid for membership during the entire fiscal year. Annual dues shall be per member (also means family) to the PTO. The Executive Board may review the amount of dues annually.

Section 3 Membership Application
Members shall complete a membership application annually, which contains their name(s), address and telephone number for the PTO’s membership records. The PTO shall not release, divulge, publish, or otherwise distribute a Member’s identity, address or phone number, unless agreed to in writing by the Member. Filling out a membership form constitutes written consent for inclusion in the PTO directory, unless otherwise specified on the completed membership form. The PTO may distribute such information to the Executive Board as it deems necessary for the operation of the PTO. Board Members shall maintain the confidentiality of any such information it receives during the course of performing its duties.

Section 4 Voting Rights
Each member shall have one (1) vote on all matters presented to the general membership of the PTO. Parents who have joined the PTO as a couple shall each have one (1) vote. The following matters are specifically reserved for a vote by the general membership of the PTO. All other matters may be voted upon by the Executive Board, or may be submitted to the general membership for a vote, as the Executive Board deems appropriate.

Exclusive Matters Reserved for a Vote of the General Membership

A. Adoption or Amendment of these By-Laws. 2/3 Vote Present
B. Election of Executive Board. Simple Majority Vote
C. Approval of Initial Annual Budget or Revised Budgets. Simple Majority Vote
D. Removal of any member of the Executive Board for malfeasance in office. 2/3 Vote Present

All matters submitted to the general membership for a vote shall pass by a simple majority vote of the general members in attendance, except those previously mentioned. Only those members present during meetings may vote. Any motion to remove a member of the Executive Board for malfeasance in office shall take place only after the member has had an opportunity to be heard and has been afforded due process as set forth in Article 3 Section 5.

ARTICLE 3 – EXECUTIVE BOARD

Section 1 Governing Body of PTO
The PTO shall be governed and operated by the Executive Board. The Board shall be comprised of not less than ten (10) or more that twenty (20) Members of the PTO. Members of the Board shall be elected as set forth hereinafter for a term of one (1) fiscal year. Members of the Board shall include each officer of the PTO as set forth in Article 3 Section 2. The president of the PTO shall serve as Chairperson of the Executive Board. Non-elected positions on the Executive Board shall include the Principal or representative appointed by the Principal and the Parliamentarian who is appointed by the President subject to the ratification of the Executive Board.

Section 2 Officers of the PTO
The general membership shall elect, at a minimum, the following officers of the PTO:

A. President
B. First Vice-President, Fundraising
C. Second Vice-President, Programs
D. Third Vice-President, Membership
E. Fourth Vice-President, Publicity
F. Secretary
G. Treasurer
H. Historian
I. Auditor
J. Financial Secretary

All officers shall be contemporaneous members of the Executive Board. A person elected by the Board shall fill a vacancy occurring in any office for the un-expired term. Election to fill a vacancy shall require a simple majority vote of the remaining Board members, with at least ten (10) days’ previous notice. If notice is not given, the election to fill the vacancy shall require a two-thirds (2/3) vote. The first vice-president shall serve notice of the election to the executive board, in case a vacancy occurs in the office of president.

No officer may serve in the same capacity for more that two (2) consecutive terms. Nothing herein shall preclude any officer from serving in a different capacity in consecutive years or from re-election to a formerly held capacity, so long as there was at least one (1) term gap.

Section 3 Election of Officers
A. In January of each year, the Parliamentarian shall form and chair the nominating. The nominating committee shall seek out appropriate members for nomination to the Executive Board as an officer of the PTO. The nominating committee shall be comprised of five (5) members, with one (1) alternate, all of whom shall be a member of this PTO. The principal of the school, or a faculty representative appointed by the principal, shall serve in an advisory capacity. The president shall not serve ex officio or be elected to the nominating committee. No member shall serve on the nominating committee for two (2) consecutive years. Alternates shall not attend meetings, unless an elected member cannot be present. In that event, the alternate becomes the permanent member, replacing the elected member until such time as the committee is discharged of its duties (at the time of election).

B. By no later than March 31 of each year, all members submitted for nomination shall be contacted by the nominating committee to determine if the member, if so nominated and elected, would serve in that capacity. All members nominated who express a willingness to serve shall be placed on the election ballot.

C. At the April general membership meeting, the election will be held. If there is but one nominee for any office, the ballot for that office may be dispensed with and the election held by voice vote.

D. The members of the Executive Board elected at the April general meeting shall be installed at the June general meeting, with their term of office commencing on August 1.

Section 4 Duties and Powers of Officers
A. President: The President shall serve as Chairperson of the Executive Board and preside over all meetings of the Board and the general membership. The President has the overall responsibility in insure that the purpose of the PTO is met. The President shall act as direct liaison between the PTO and the school administration. The President shall have the power to form committees and appoint chairpersons thereto in order to conduct the business of the PTO. All PTO Committees shall serve in an advisory capacity only to the Executive Board. The President shall serve as ex-officio member of all PTO committees so formed, except the nominating committee. The President shall appoint the parliamentarian. The President shall sign all authorizations for payments, and be the official representative of the unit at coordinating council meetings.

B. The vice presidents(s) shall act as aide(s) to the president and shall, in their designated order, perform the duties of the president in the absence or disability of that officer to act.

• The first vice president shall serve as Chairperson of Fundraising
• The second vice president shall serve as Chairperson of Programs
• The third vice president shall serve as Chairperson of Membership
• The fourth vice president shall serve as Chairperson of Publicity

C. First Vice President shall: coordinate all fundraising efforts for the PTO. The first vice president shall act in the place of the president in the event of his absence or inability to serve.

D. Second Vice President shall: coordinate and arrange the presentation of assemblies, coordinate payment for the assemblies, and arrange for guest speakers for parent education and information.

E. Third Vice President shall: coordinate the annual membership drive, prepare and produce the PTO directory, and distribute the PTO directory to PTO members.

F. Fourth Vice President shall: coordinate the production of the school newsletter each month, and serve as liaison between the school and the District with regard to publicizing school events.

G. Secretary shall: be responsible for the maintenance of the non-fiscal corporate books, records and papers of the PTO, and shall record the minutes of all acts of the PTO, and distribute the minutes of each monthly PTO meeting to the Executive Board. The secretary shall conduct all necessary correspondence of the PTO upon authorization of the president or Board.

H. Treasurer shall: be responsible for the maintenance of the fiscal book records of the PTO. The treasurer shall account for all income and expenses of the PTO, and for the maintenance of the bank account of the PTO. The treasurer shall chair the budget committee and prepare the budget for adoption by the PTO. The treasurer shall present a financial report at every meeting of the PTO and the Executive Board and at other times when requested by the PTO, and pay all warrants as directed. The treasurer will make an annual financial report to the PTO, which includes gross receipts and disbursements for the year. The treasurer will ensure all financial records are in order by June 30 of each year and make those records available to the auditor by July 1 of each year. The treasurer will ensure that taxes are completed and filed by July 1 or within the current treasurer’s term.

I. Historian shall: keep an accurate record of the school’s history and activities of this PTO.

J. Auditor shall: audit the books of the PTO in July of each year and render a written report to the incoming President and Treasurer by July 31.

K. Parliamentarian: shall referred to for parliamentary procedure according to Robert’s Rule of Order, Revised. The parliamentarian shall attend all meetings as necessary, chair the nominating committee as a non-voting member, and review the by-laws and standing rules annually.

L. Financial Secretary: shall give a receipt for all moneys received on behalf of the organization, deposit moneys in the bank in a timely fashion, give copies of the deposit slip to the treasurer and auditor, and perform such other duties as may be delegated to the financial secretary.

Section 5 Powers of Executive Board
The Executive Board is empowered to do any or all of the following acts:

A. To vote on all issues properly before the Board, except those matters specifically reserved to the general membership as set forth in Article 2 Section 4 above.

B. To replace any officer of the PTO who resigns or is removed prior to the expiration of his or her term. Nominations will be accepted to the Board for the position being vacated, and an election will be held. The new officer will serve the remainder of the former officer’s term.

C. To suspend any member of the Board when, in the determination of the Board, that member is guilty of malfeasance in office, and that malfeasance is so severe that unless suspended, the PTO will suffer great and irreparable injury and damage. In the event of such a suspension, the President shall call a special meeting of the general membership within ten (10) days of the suspension, in accordance with the procedure set forth below, so that after due process has been afforded, the general membership can vote on removal. If the general membership votes against removal, the suspended member shall be immediately reinstated.

D. To open any and all bank accounts reasonably necessary to operate the PTO. The signatories to the bank account(s) of the PTO shall be the Treasurer and may be one (1) other officer (President, Vice-President, or Secretary) of the PTO only. All checks are to be signed by two signatories, except for checks in the amount of $50.00 or less, which shall require the signature of one signatory alone. The authorized signers shall not be related by blood or marriage or reside in the same household. In the event a check is signed by one signatory (other than the treasurer), the treasurer should be given the check request and backup materials within one week, in order to maintain current records. In the event the treasurer signs the check, he/she should inform the president the other signatory with 24 hours as to the details of the check.

E. To enter into any contracts or agreements, including contracts if insurance, reasonable necessary to the operation of the PTO.

F. To engage in any other lawful acts reasonable necessary to effectuate the purposes of the PTO.

ARTICLE 4 – MEETINGS

Section 1 Regular Meetings
The PTO shall conduct regular monthly meetings of the general membership. These meetings shall be open to all members of the PTO and to the general public. However, non-members in attendance shall not be entitled to vote on any matter presented to the general membership for a vote. At the beginning of each fiscal year, the Executive Board shall establish a calendar of regular monthly meetings and shall notify the general membership when established.

Section 2 Special Meetings
The Executive Board may call a special meeting of the general membership if, in the sole discretion of the Board, a special meeting is necessary for the general membership to vote on a particular issue which is of such urgency that it cannot be postponed until the next regularly scheduled meeting. In addition, any group of members comprising at least twenty-five (25%) of the voting members may call for a special meeting by notifying the President in writing of the need for a special meeting, the nature of the issue or issues to be resolved, and certification that at least twenty-five percent (25%) of the voting members desire such a special meeting. When a special meeting is called of the general membership, the Board shall give at least ten (10) days notice of the time and place for said special meeting. Notice is deemed to be sufficient if posted in a conspicuous place at Pioneer Middle School on a bulletin board or other location designated by the administration as appropriate for the posting of notices.

Section 3 Quorum
Before any effective vote of the general membership may be taken a quorum shall be present. A quorum of the general membership is no less than ten (10) voting members.

Section 4 Conduct of Meetings
Meetings shall be presided over by the President sitting as Chairperson. All meetings of the PTO shall be conducted in accordance with Robert’s Rules of Order, Revised. However, the Chairperson, upon unanimous consent or without objection, may suspend the rules in order to expedite the conduct of any meeting or resolution of any issue. The special power to suspend the rules is in addition to the manner for suspending rules contained in the latest Robert’s Rules of Order.

Section 5 Meetings of the Executive Board
The Board shall meet monthly at the same time of, and contemporaneously with, the general membership meeting. All meetings of the Board shall be open to the general membership and the public, except that the Board by a vote of two-thirds (2/3) of its members may meet in closed executive session on issues it deems to be sensitive or counter-productive to be held in open session. All actions taken by the Board in executive session shall be recorded in the minutes of the PTO and reported to the general membership at the next general meeting.

ARTICLE 5 – PROGRAMS AND BUDGET

Section 1 Annual Budget
At the beginning of each fiscal year, the Executive Board shall develop a proposed annual budget. The proposed budget shall be presented to the general membership for approval at the first general meeting after the commencement of the school year (the September meeting). Upon approval, the budget of the PTO may only be amended by a simple majority vote of the general membership at a regular or special meeting.

Section 2 Programs and Fundraising
The annual budget shall reflect the proposal of the Executive Board as to the activities recommended by the vice-presidents of Fundraising and Programs for that fiscal year. It may contain a contingency fund, not to exceed ten percent (10%) of the total annual budget, for utilization by the Board for programs, events or special needs, which may arise during the fiscal year. Utilization of these contingency funds does not require a vote of the general membership, but may be utilized upon a majority vote of the Board.

ARTICLE 6 – TAX AND ACCOUNTING

Section 1 Monthly Accounting
The Treasurer of the PTO shall report to the general membership on a monthly basis at each regularly scheduled meeting as to financial matters. The treasurer shall cause the fiscal books and records to the PTO to be kept current each month, and shall account for all income and expenses of the PTO. All moneys allocated to the PTO and/or sub-committees, which remain unspent by the last PTO meeting of the school year, will revert back to the PTO General Fund and carried over to the next year.

Section 2 Audit and Reconciliation
The Executive Board shall provide for an annual audit and reconciliation of the fiscal books and records of the PTO for accuracy and compliance with applicable laws. A volunteer CPA, public accountant, bookkeeper, or auditor on the Board may do this audit and reconciliation. The Board may retain a professional for this purpose, as needed.

Section 3 Tax Returns
The Executive Board shall cause all required tax and information returns to be filed on a timely basis with the Internal Revenue Service and the Franchise Tax Board. A volunteer CPA, public accountant, or bookkeeper, or auditor on the Executive Board may do this function, or Board may retain a professional for this purpose, as needed.

ARTICLE 7 – STANDING RULES

At the beginning of his/her term of office, each member of the Executive Board shall be given a copy of these by-laws and shall be responsible for making a thorough study of them. A copy of these by-laws shall be made available to any member of the PTO upon request.

At least forty-eight hours notice, in writing, must be given to the President in order to have an item of business or an announcement placed on the Executive Board agenda.

Monetary requests must be submitted according to the schedule established at the first regular meeting of the new school year. Other requests may be discussed throughout the year providing there is sufficient notification but may not be voted on until the next scheduled meeting. With sufficient notification, a special meeting may be called.

All check the original receipt must accompany requests presented to the Treasurer for payment. Without the proper documentation the request will not be processed. Receipts will not be returned. Please make copies before turning in originals.

The Executive Board may create such standing committees, as it may deem necessary to promote and carry on the work of the Organization.

When a recommendation for an item of business or an announcement that has not had prior consideration by the Executive Board is brought to a PTO meeting, it shall be referred to a committee for study.

Any non-PTO material to be distributed at a PTO meeting must be approved by the Executive Board prior to the meeting.

Each officer and chairperson shall be responsible for keeping an up-to-date procedure book and for turning it over to the incoming officer or chairperson at the end of the term of office.

The membership list/directory of the PTO shall be for the exclusive use of the PTO and shall not be available for distribution or purchase by any other organization or commercial entity.

An absence from three (3) consecutive PTO meetings by a Board member may result in termination from their position.

Additional bylaw reviews or amendments not previously mentioned herein shall be conducted as needed at the discretion of the Executive Board.

NOTE: Standing rules are the procedures of the organization that are not included in the bylaws.

Standing rules cannot be in conflict with the bylaws.

Standing rules can be changed or amended at any time, with a two-thirds vote of the Executive Board.