Eberwhite Elementary By-Laws

(Amended 10/20/2016, 4/15/2010, 4/7/2007, 6/2/1998)

ARTICLE I – DUTIES OF OFFICERS

Section 1. All members of the PTO Board shall be familiar with the Constitution and By-laws.  The duties of the officers shall be reviewed annually by the Board.  Any office on the Board may be held by two or more persons working together to carry out the duties of the office; such an arrangement requires no special action or vote by the Board or the membership.

Section 2. The PRESIDENT shall preside at all meetings of the Board.  This person appoints special committees and serves as Chairperson of the Nominating Committee.  The President shall also serve as ex-officio member of all committees.  S/He shall be responsible for the development and implementation of programs and agendas at PTO meetings.  The President will assist as appropriate with other school events, programs, and fund-raising activities.  The President, with the assistance of the Treasurer, is responsible for filing various State and Federal reporting tax forms.  The President shall serve as one of two allowed signers of checks issued by the PTO.  The second and third signers shall be determined at the discretion of the President and be established at the start of the fiscal year.

Section 3. The VICE PRESIDENT shall serve as presiding officer at any PTO meetings the President is unable to attend.  This person shall work closely with the President to carry out the duties of that office.  The President elect may serve as one of three allowed signers of checks issued by the PTO.  If there is no Vice President or the Vice President is unwilling or unable to serve as a signer, the signers will be mutually agreed upon by the PTO Board.   

Section 4. The SECRETARY shall keep records of all official meetings and shall be the custodian of all past records of the PTO.  S/He shall be responsible for all correspondence of the Board and of the PTO in general.  The Secretary shall circulate the minutes of each PTO meeting prior to or during the next meeting.

Section 5. The TREASURER shall have custody of most funds, prepare an annual budget for approval, keep a financial record including a simple journal of all transactions, report the record at any meetings when requested, and, when a bill is authorized by the membership, the Treasurer shall write the check to be signed by the designated signer/s.  This person, along with the check signer who cashes a check made out by the Treasurer, will make cash boxes available as appropriate at PTO events where money will be collected.  The Treasurer will work with the President in filing various State and Federal; reporting and tax forms.  The Treasurer shall not be responsible for making deposits.

Section 6. The FINANCIAL SECRETARY shall assist the Treasurer in his/her duties and serve as the Treasurer at any PTO meetings that the actual Treasurer is unable to attend.  This person shall make all deposits on behalf of the PTO.

Section 7. The TEACHER LIAISON is responsible for acting as a conduit for information between the teaching staff and the PTO, bringing forward appropriate suggestions and concerns, and in the process keeping teaching staff informed of PTO activities and events.

ARTICLE II – ROOM PARENT ORGANIZATION

Section 1. The ROOM PARENTS are the parent representatives in each classroom who assist the classroom teacher when called upon.  Room parents are asked to represent the parents in their rooms and be responsible for bringing any feedback to the attention of the PTO Board.

ARTICLE III – SCHOOL IMPROVEMENT TEAM

Section 1. The PTO will select its SIT representatives during the first PTO meeting in September.  SIT members will be chosen at random from the list of those who have expressed interest in serving on the SIT.

ARTICLE IV – PTO COMMITTEES

Section 1. The PTO Board will designate specific committees as needed.  Volunteers will serve as committee chairpeople and coordinators.

Section 2. PTO Committees will be responsible for preparing an operating budget and requesting specific funds at PTO meetings, will report their committee activities to the PTO in a timely manner, and will recruit and organize volunteers.

Section 3. The list of current committees, committee descriptions, and chairpeople will be updated annually and shall be made available upon request in the school office or from the PTO president.

ARTICLE V-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.

    a. 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 determined by the board, is an interested person and has an obligation to disclose that information, without request, to the board. 

Section 3. Procedures.

    a. Determining Whether a Conflict of Interest Exists. After disclosure of the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination of a conflict of interest is discussed and voted upon. The remaining board or committee members shall decide whether a conflict of interest exists.

            b. Violations of the Conflict of Interest Policy.

i. If the governing board or committee has reasonable cause to believe a member has failed to disclose actual or possible conflicts of interest, it shall inform the member of the basis for such belief and afford the member an opportunity to explain the alleged failure to disclose.

ii. If, after hearing the member’s response and after making further investigation as warranted by the circumstances, the governing board or committee determines that the member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action.

Section 4. Records of Proceedings. The minutes of the governing board and all committees with board delegated powers shall contain:

a. The names of the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict of interest; the nature of the financial interest; any action taken to determine whether a conflict of interest was present; and the governing boards or committee’s decision as to whether a conflict of interest in fact existed.

b. The names of the persons who were present for discussions and votes relating to the transaction or arrangement; the content of the discussion; including any alternatives to the proposed transaction or arrangement; and a record of any votes taken in connection with the proceedings.

Section 5. Compensation.

a. A voting member of the governing board who receives compensation, directly or indirectly, from the organization for services is precluded from voting on matters pertaining to that member’s compensation.

b. A voting member of any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the organization for services is precluded from voting on matters pertaining to that member’s compensation.

c. No voting member of the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the organization, either individually or collectively, is prohibited from providing information to any committee regarding 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:

    a. Whether compensation arrangements and benefits are reasonable, are based on competent survey information, and are the result of arm’s length bargaining.

b. 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 incurement, 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.