Eberwhite Elementary PTO Constitution
(Amended 10/20/2016, 4/15/2010, 4/7/2007, 2/6/2001)
ARTICLE I – NAME
The name of this organization shall be the Eberwhite School Parent/Teacher Organization.
ARTICLE II – PURPOSE
The purpose shall be to promote a closer relationship between the home and Eberwhite School, provide opportunities for parents and teachers to cooperate in the education of Eberwhite students, and to participate in broader educational issues in the community.
ARTICLE III – MEMBERSHIP AND VOTING
All parents and guardians who have children in attendance at Eberwhite School and all teachers in Eberwhite School shall be members with a vote on the annual budget and officers. All principals and/or assistant principals of Eberwhite School shall be ex-officio members without a vote.
ARTICLE IV – DONATIONS
The membership shall be asked to donate a nominal amount to support the activities of the organization.
The PTO reserves the right to approve all cash donations and specific designations for the use of those funds.
ARTICLE V – OFFICERS, PTO BOARD AND THEIR ELECTION
The elected officers of this organization shall be the President-elect, Secretary, Treasurer, Financial Secretary, and Teacher Liaison. The President may also be elected in the event that the prior year’s President-elect is unable to fulfill the duties of the Presidency.
The PTO Board shall consist of the elected officers (including the President). The Principal shall serve as an ex-officio member of the PTO Board. Each member of this board shall have one vote, except the Principal shall serve as an ex-officio without vote.
The officers of the PTO Board shall assume their duties no later than July 1, and their duties shall continue until June 30 of the next year. In the event that any officer is prevented from serving for any reason during the term of his/her office, the members shall elect a new officer from qualified members at the next meeting of the PTO. Vacant positions may be filled until the next membership meeting on an interim basis by majority vote of the PTO Board. An officer may be removed by a 2/3 majority vote of the members present. Request for removal of officer must be submitted to the membership in writing 10 days prior to the next scheduled meeting.
A slate of candidates for the elected offices will be proposed by a Nominating Committee. The nominating Committee shall consist of up to five members including the President, and one other Board member, Officers may repeat terms in the same office but are limited to serving in the same for no more than three consecutive terms, unless no other candidate can be nominated to fill the positions.
The Nominating Committee will select proposed candidates for elected officers from the members of the PTO. In addition, the nominating committee and other PTO members may assist the President-elect in recruiting members to serve as committee chairpersons and special events coordinators.
Election of officers shall occur at the May PTO meeting. Nominations from the floor, in addition to those candidates proposed by the Nominating Committee, shall be permitted.
All officers shall be elected by a plurality of the votes of those members present at the May meeting.
The duties of the officers shall be specified in the Eberwhite PTO By-laws. The Eberwhite Constitution and By-laws shall be adopted and amended by a 2/3 majority of the members present. Copies of the PTO Constitution and By-laws shall be available upon request in the school office or from the PTO President.
ARTICLE VI – MEETINGS
PTO meetings will in general be held monthly during the months that school is in session. Agendas for the meetings shall be prepared by the PTO President, sent to officers and/or members prior to the meeting and, if possible, shared with the school community. Meeting dates will be posted in the school, announced in the newsletter, or on the school’s social media outlets. In addition, members may be notified of meetings electronically.
ARTICLE VII – QUORUM
A quorum for any general meeting shall be a ⅔ majority of the board members present.
ARTICLE VIII – AMENDMENTS
This Constitution and By-laws shall be amended at any meeting by a 2/3 majority vote of the members present. Amendments shall be proposed if recommended by the PTO Board or at the PTO’s President’s discretion. All proposed amendments shall be submitted in writing to the membership at least ten days prior to the general meeting.
ARTICLE IX – NON-DISCRIMINATION CLAUSE
No Person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any Eberwhite PTO sponsored program or activity on the basis of race, color, sex, religion, creed, political belief, age national origin, linguistic and language differences, sexual orientation, socio-economic status, height, weight, marital or familial status or disability.
ARTICLE X – TAX EXEMPT STATUS
The following text of this article satisfies the requirements of the Internal Revenue Service for the establishment of tax-exempt status for the Eberwhite PTO under Section 501(c)(3) of the Internal Revenue Code (a copy of the PTO’s IRS Letter of Determination is attached):
“Said organization is organized exclusively for charitable, religious, educational, or scientific purposes, including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code.
“No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization 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 the purpose clause thereof.
“No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
“Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Upon dissolution of the organization, after paying or adequately providing for the debts and obligations of this PTO, the remaining assets shall be distributed to Eberwhite School. If Eberwhite School ceases to exist, remaining assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principle office of the organization is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.