BYLAWS OF

LEXINGTON HIGH SCHOOL

PARENT TEACHER ORGANIZATION (PTO)

 

Lexington, Massachusetts

 April 2015

 

INDEX

 

ARTICLE I:         NAME............................................................................................................................ 3

ARTICLE II:        PURPOSES.................................................................................................................... 3

ARTICLE III:       BASIC POLICIES............................................................................................................ 3

ARTICLE IV:      MEMBERS AND DUES.................................................................................................... 4

ARTICLE V:     OFFICERS………………………………………………………………………………......... 4

ARTICLE VI:    DUTIES OF OFFICERS………………………………………………………………….......... 6

ARTICLE VII:   EXECUTIVE COMMITTEE.................................................................................................. 7

ARTICLE VIII:     COMMITTEES................................................................................................................. 8

ARTICLE IX:       GENERAL MEMBERSHIP MEETINGS.............................................................................. 8

ARTICLE X:       COUNCIL MEMBERSHIP................................................................................................. 9

ARTICLE XI:      FISCALYEAR………………………………………………………………………….......... 9

ARTICLE XII: PARLIAMENTARY AUTHORITY........................................................................................ 9

ARTICLE XIII:  DISSOLUTION....................................................................................... 9   

ARTICLE XIV: AMENDMENTS................................................................................................................. 9

 

 

EIN:   47-2784757                       

 

SCHOOL NAME: LEXINGTON HIGH SCHOOL

ADDRESS:    251 WALTHAM STREET     

CITY, STATE, ZIP:    LEXINGTON, MA 02421                                                                                                                            

ARTICLE I:     NAME

The name of this organization is the Lexington High School Parent Teacher Organization (PTO) of Lexington, Massachusetts.  For convenience, the organization shall be referred to in these bylaws as the LHS PTO.

 

ARTICLE II:    PURPOSES

 

Section 1.          The purposes of the LHS PTO are:

 

a.    To promote the welfare of children and youth in home, school, and community.

 

b.    To bring into closer relation the home and the school, that parents and teachers may cooperate intelligently in the education of children and youth.

 

c.     To develop between educators and the general public such united efforts as will secure for all children and youth the highest advantages in physical, mental, and social education.

 

d.    To assist at the school’s request, whenever possible, in establishing, continuing, or adapting any initiative and/or idea beneficial to the curriculum, school environment or staff.

 

Section 2.          The purposes of the LHS PTO are promoted through an advocacy and educational program directed toward parents, teachers, and the general public; developed through conferences, committees, projects, and programs; and governed and qualified by the basic policies set forth in Article III.

 

Section 3.          The organization is organized exclusively for the charitable, scientific, literary or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding section of any future federal tax code (hereinafter "Internal Revenue Code").

 

ARTICLE III:   BASIC POLICIES

 

The following are basic policies of the LHS PTO:

 

      a.  The organization shall be noncommercial, nonsectarian, and nonpartisan.

 

      b.  The organization shall work with the schools and community to provide quality education for all children and youth and shall seek to participate in the decision- making process establishing school policy, recognizing that the legal responsibility to make decisions has been delegated by the people to boards of education, state education authorities, and local education authorities.

 

        c.  The organization shall work to promote the health and welfare of children and youth and shall seek to promote collaboration between parents, schools, and the community at large.

 

 

       d.  No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, directors, trustees, officers or other private individuals 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 Article II hereof.

 

        e.  Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on (i) by an organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code or (ii) by an organization, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code.

 

         f.  Upon the dissolution of the organization, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to one or more nonprofit funds, foundations, or organizations that have established their tax exempt status under Section 501(c)(3) of the Internal Revenue Code.

 

          g.  The organization or members in their official capacities shall not, directly or indirectly, participate or intervene (in any way, including the publishing or distributing of statements) any political campaign on behalf of, or in opposition to, any candidate for public office; or devote more than an insubstantial part of its activities to attempting to influence legislation by propaganda or otherwise.

         h.  The LHS PTO may cooperate with other organizations and agencies concerned with child welfare, but PTO representatives shall make no commitments that bind the group they represent.

 

ARTICLE IV:   MEMBERS AND DUES

 

Section 1.        Any parent, guardian or other adult standing in loco parentis for a student at the school may be a member and shall have voting rights. The Principal and any classroom teachers employed at the school may be a member, having voting rights.

 

Section 2.        Membership in the LHS PTO shall be made available without regard to race, color, religion, creed, national origin, or sexual orientation.

 

Section 3.        Dues will be established by the Executive Committee. A member must pay his or her dues prior to any LHS PTO vote to be considered a member in good standing with voting rights. If a person who is eligible to become a member would like to apply for a scholarship to pay the dues, this can be arranged through the Lexington High School Principal.

 

Section 4.        Voting by proxy is prohibited.

 

Section 5.        Eleven (11) members in good standing shall constitute a quorum for the transaction of business in any properly called meeting of the LHS PTO.

 

Section 6.        The LHS PTO shall conduct an annual enrollment of members, but may admit persons to membership at any time.

 

ARTICLE V:    OFFICERS

 

Section 1.          The officers of the LHS PTO shall be a President or Co-Presidents, at least one Vice President, at least one Secretary, and a Treasurer. If more than one Vice-President they shall be identified as First Vice President, Second Vice President and so forth.

 

Section 2.          Officers shall be elected by ballot in the month of May.

 

Section 3.          The vote shall be conducted by ballot. When there is but one candidate for an office, the ballot for that office may be dispensed with and election held by voice vote. A majority vote shall be required for the election.

 

Section 4.          The following provisions shall govern the qualifications and eligibility of individuals to be officers of the LHS PTO:

 

            a.        Each officer shall be a member of this PTO.

 

            b.        No officer may be eligible to serve more than 2 consecutive terms in the same office, except in that situation where a qualified officer has agreed to extend their term in the absence of a qualified successor and as approved by the members of the LHS PTO.

 

             c.       A person who has served in an office for more than one half of a full term shall be deemed to have served a full term in such office.

 

Section 5.          Officers shall assume their official duties following the close of the current school year and shall serve for a term of one year or until their successors are elected.

 

Section 6.        A vacancy occurring in the office of president shall be filled for the remainder of the un-expired term by the first vice-president. The executive committee shall fill a vacancy in any office other than the president.

 

Section 7.          There shall be a nominating committee composed of at least 3(an uneven number, no less than three) members who shall be elected by the LHS PTO at a regular general membership meeting at least four months prior to the election of officers, as outlined in Article V, Section 2.

 

          a.  The committee shall elect its own chair.

 

          b.  The nominating committee shall nominate at least one eligible person for each office to be filled and report its nominees at the regular general membership meeting in May, at which time additional nominations may be made from the floor. A thirty-day notice of the meeting, including the slate of officers to be presented, must be given to the membership.

 

           c.   Only those individuals who are current members of this PTO and who have signified their consent to serve if elected shall be nominated for, or elected to, such office.

 

Section 8.          When an officer fails to attend 4 consecutive meetings (any combination of executive and general membership meetings) without adequate excuse or when an officer is not fulfilling the responsibilities of the office as prescribed in the bylaws, or engages in conduct which the executive board/committee determines to be injurious to the organization or its purposes, the executive committee may by a two-thirds (2/3) affirmative vote, take such action as it determines appropriate, which may include: (1) asking for the resignation of the officer: (2) making a formal recommendation that the officer be removed from office following a hearing conducted in accordance with Due Process.*

 

*Footnote: “Due Process’ Procedures: Following the two-thirds (2/3) affirmative vote recommending that the officer be removed from office: (1) The officer must be given fifteen (15) days’ written notice of the hearing to remove the officer from office; (2) The written notice shall contain the reasons for the proposed removal, and shall be mailed certified mail, return receipt requested, to the last address of the officer shown on the association’s records; (3) At the hearing, the officer must be given an opportunity to address the executive committee, either orally or in writing; (4) Not less than five (5) days following the hearing, the executive committee shall convene and vote whether the officer will be removed from office; (5) A two-thirds (2/3) vote of the executive committee shall be sufficient to remove the officer from office; (6) The removal vote shall be recorded in the executive committee minutes and shall specify the number of voting in favor of and against such removal.”

 

 

 

ARTICLE VI:   DUTIES OF OFFICERS

 

Section 1.          The President(s) shall:

 

              a.  Preside at all meetings of this PTO;

 

              b.   Serve as an ex-officio member of all committees except the nominating committee;

 

               c.   Coordinate the work of the officers and committees of this PTO in order that the purposes may be promoted;

 

               d.  May appoint a Parliamentarian, subject to the approval of the general membership of this PTO;

 

               e.  Perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the Executive Committee;

 

Section 2.          The Vice-President(s) shall:

 

            a.           Act as aide(s) to the President;

 

            b.           In their designated order, perform the duties of the President in the President’s absence or inability to  serve;

 

            c.           Perform such other duties as may be provided for by these bylaws, prescribed by the parliamentary authority, or directed by the president, or the executive committee.

 

Section 3.          The Secretary(s) shall:

 

             a.                                  Record the minutes of all meetings of the LHS PTO;

 

             b.                                  Be prepared to read the records of any previous meetings;

 

             c.                                  File and retain all records;

 

             d.                                  Have a current copy of the Bylaws;

 

             e.                                  Maintain a membership list;

 

             f.                                  Perform such duties as may be provided for by these Bylaws, prescribed by the parliamentary authority, or directed by the President or Executive Committee.

 

Section 4.          The Treasurer shall:

 

               a.         Have custody of all the funds of the PTO;

 

               b.        Maintain a full and accurate account of receipts and expenditures of the PTO;

 

               c.        Make disbursements as authorized by the President or Executive Committee of the PTO in accordance with the budget adopted by the PTO;

 

               e.       Present a financial statement at every meeting of the PTO and at other times when requested by the Executive Committee;

 

               f.         Present an Annual Treasurer’s Report to the PTO at the annual meeting;

 

                h.        Have the accounts reviewed, when a person who has signature authority leaves the board. This is to be done by an audit committee selected by the executive committee at least two weeks before the meeting at which the officers assume their duties;

 

                 i.        Complete a form 990 or 990EZ with a Schedule A.  If gross receipts exceed $50,000 annually, then you must submit the form to the IRS. If gross receipts are under $50,000, you will now be required to file electronically Form 990-N, also known as the e-Postcard, with the IRS annually.

 

                   j.     File form PC with the Massachusetts Attorney General’s Office, submitting required forms in accordance with the instructions specified on the form.

 

                k.     File an annual report to the Massachusetts Secretary of State’s Office, if incorporated;

 

                l.       Perform such other duties as may be provided for by these Bylaws, prescribed by the parliamentary authority, or directed by the President or the Executive Committee.

 

Section 5.          No two members of the same family may be on the signature card for the PTO’s bank account.

 

Section 6.         Upon the expiration of the term of office or in the case of resignation, each officer shall turn over to the president, without delay, all records, books, and other materials pertaining to the office and shall return to the treasurer, without delay, all funds pertaining to the office.

 

ARTICLE VII:  EXECUTIVE COMMITTEE

 

Section 1.          The Executive Committee shall consist of the elected officers of the LHS PTO. Regular meetings of the Executive Committee shall be held during the school year, the time to be determined by the Executive Committee at its first meeting of the year.

 

Section 2.          Special meetings of the Executive Committee may be called by the President or by a majority of the members of the Executive Committee, 3 days’ notice to each member of this committee. Notice may be given by means of regular mail, electronic mail, telephone, website postings, printed media or any combination thereof.

 

Section 3.          A majority of the Executive Committee shall constitute a quorum for the transaction of business.

 

Section 4.          Duties of the Executive Committee shall be to:

 

      a.                Transact necessary business in the intervals between general PTO meetings and such other business as may be referred to it by this local PTO;

 

      b.                Appoint standing and special committees as may deem necessary to promote the purposes of PTO and carry on the work of this local PTO;

      c.                Foster communication within the school and the community.

      d.                Approve the work of the committees;

      e.                Make a report at the general meetings of the PTO;

      f.                  Select an auditor or audit committee to be approved by the general membership of the PTO to audit the Treasurer’s accounts;

      g.                Prepare and submit to the PTO for adoption a budget for the year;

      h.                Approve routine bills within the limits of the budget.

 

The Executive Committee shall take no action in conflict with any action taken by the general membership of the PTO.

 

 

ARTICLE VIII: COMMITTEES

 

Section 1.          Only members of this local PTO shall be eligible to serve in any elective or appointive positions.

 

Section 2.          The Executive Committee may create such standing committees as it may deem necessary to promote the purposes and carry on the work of the association.

 

Section 3.          The term of each standing committee chair shall be one year(s) or until the selection of a successor.

 

Section 4.          The chair of each committee shall present a plan of work to the Executive Committee for approval. No committee work shall be undertaken without the consent of the Executive Committee.

 

Section 5.          When a chairman is not fulfilling the responsibilities of the office as prescribed in the bylaws, or engages in conduct which the Executive Committee determines to be injurious to the organization or its purposes, the Executive Committee may by a two-thirds vote (2/3) affirmative vote, take such action as it determines appropriate, which may include: (1) asking for the resignation of the chairman; (2) making a formal recommendation that the chairman be removed from office.

 

Section 6.          Upon the expiration of the term of office or in the case of the resignation or termination, each chairman shall turn over to the president, without delay, all records, books and other material pertaining to the chairmanship, and shall return to the treasurer, without delay, all funds belonging to the association.

 

Section 7.          The chairmen and members of special committees shall serve until their assignments have been completed.

 

ARTICLE IX:   GENERAL MEMBERSHIP MEETINGS

 

Section 1.          At least 5  regular meetings of the organization shall be held during the school year. Dates of the meetings shall be determined by the Executive Committee and announced at the first regular PTO meeting of the school yearA minimum of 5 days’ notice shall be given to the general membership of any change of date. Notice may be given by means of regular mail, electronic mail, telephone, website postings, printed media or any combination thereof.

 

Section 2.          Special meetings of the PTO may be called by the President(s) or by a majority of the Executive Committee, 5 days’ notice having been given. Notice may be given by means of regular mail, electronic mail, telephone, website postings, printed media, or any combination thereof.

 

Section 3.         The annual meeting shall be in May and shall be for the purpose of electing officers, receiving reports of officers and committees, and conducting any other business that may arise.

 

Section 4.         Eleven (11) members shall constitute a quorum for the transaction of business in any meeting of this PTO.

 

Section 5.          The privilege of making motions, debating and voting at local PTO meetings shall be limited to members of the organization who are present and whose dues are paid and who have been members of the association for at least 30 days.

 

ARTICLE X:    COUNCIL MEMBERSHIP

 

Section 1.          The PTO shall be represented in monthly meetings of the Lexington Presidents PTA/PTO Council by one or both co-presidents or an appointed alternate. Since the Superintendent of Lexington Public Schools and a member of the School Committee also attend these monthly meetings, it is important that there is representation from the LHS PTO at each meeting.

 

ARTICLE XI:   FISCAL YEAR

 

The fiscal year of this PTO shall begin on July 1 and end the following June 30.

 

 

ARTICLE XII:  PARLIAMENTARY AUTHORITY

 

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the LHS PTO and in all cases in which they are applicable and in which they are not in conflict with these Bylaws, or the articles of incorporation.

 

ARTICLE XIII:  DISSOLUTION

 

The organization may be dissolved with previous notice (14 calendar days) and a two-thirds vote of the members present at the meeting. Assets shall be distributed to a not for profit as approved by a two-thirds vote of the members present at the meeting.

 

 

ARTICLE XIV:   AMENDMENTS

 

Section 1.          These bylaws may be amended at any regular general membership meeting of LHS PTO by a two-thirds vote of the members present and voting, a quorum being present, provided that notice of the proposed amendments has been provided to the membership thirty days prior to the meeting.

 

Section 2.          A committee may be appointed by a majority vote at a general meeting of the PTO, or by a 2/3 vote of the Executive Committee of the PTO, to submit a revised set of bylaws as a substitute for the existing bylaws.