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Please Note: North
Carolina PTA requires all local unit bylaws to include all articles and sections
identified by a "double star" (**).
** ARTICLE I: Name
The name of this association is:
PTA or PTSA Name: Middle Creek High School PTSA
Town: Apex, NC
County: Wake
PTA District:19
It is a local PTA (PTSA) unit organized under the authority of the North Carolina
Congress of Parents and Teachers (hereinafter "NC PTA"), a branch
of the National Congress of Parents and Teachers (National PTA).
** ARTICLE II: Purposes
Section 1.
The purposes of the MCHS PTSA, in common with those of the National PTA and
the NC PTA are:
a. To promote the welfare of children and youth in home, school, community,
and place of worship
b. To raise standards of home life
c. To secure adequate laws for the care and protection of children and youth
d. To bring into closer relation the home and the school, that parents and teachers
may cooperate intelligently in the education of children and youth.
e. 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,
social, and spiritual education
Section 2. The Purposes of the National PTA, the NC PTA, and
the MCHS PTSA are promoted through an educational program, directed toward parents,
teachers, and the general public; are developed through conferences, committees,
projects, and programs; and are 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 MCHS PTSA in common with those of the
National PTA and the NC PTA:
a. The organization shall be noncommercial, nonsectarian, and nonpartisan.
b. The organization shall work with schools 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 this organization, after paying or adequately providing
for the debts and obligations of the organization, the remaining assets shall
be distributed to one or more non-profit funds, foundations, or organizations
which 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) in 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 organization or members in their official capacities shall not endorse
a commercial entity or engage in activities related to promoting the Purposes
of the organization.
**ARTICLE IV: Relationship
with National PTA and State PTA
Section 1. This local PTA shall be organized and chartered
under the authority of the NC PTA in the area in which this local PTA functions,
in conformity with such rules and regulations, not in conflict with the National
PTA Bylaws, as the NC PTA may in its bylaws prescribe. The NC PTA shall issue
to this PTA an appropriate charter evidencing the due organization and good
standing of this PTA.
A local PTA in good standing is one that:
a. Adheres to the Purposes and basic policies of the PTA;
b. Remits the national portion of the dues through the state PTA to reach the
National Office by dates designated by the National PTA;
c. Has bylaws approved according to the procedures of each state; and
d. Meets other criteria as may be prescribed by the individual state PTA.
**Section 2. The articles of organization of this local PTA
include (a) the bylaws of such organization and (b) the certificate of incorporation
or articles of incorporation of such organization (in cases in which the organization
is a corporation) or the articles of association by whatever name (in cases
in which the organization exists as an unincorporated association).
**Section 3. This local PTA shall adopt such bylaws for the
government of the organization as may be approved by the NC PTA. Such bylaws
shall not be in conflict with the Bylaws of the National PTA or the Bylaws of
the NC PTA.
**Section 4. The adoption of an amendment to any provision
of the National PTA Bylaws shall serve automatically and without the requirement
of further action by this local PTA to amend corresponding bylaws.? This local
PTA shall promptly incorporate such amendments in its bylaws.
**Section 5. When there is an increase in dues at the National
and/or State level, the local unit may increase its dues by the increased amount
only without an amendment to the local PTA bylaws.
**Section 6. Bylaws of this local PTA shall include an article
on amendments.
**Section 7. Bylaws of this local PTA shall include a provision
establishing a
quorum.
**Section 8. Each officer or board member of this local PTA
shall be a member of this local PTA.
** Section 9. The bylaws of this local PTA shall prohibit voting
by proxy.
**Section 10. A PTA member shall not serve as a voting member
of this local PTA? board while serving as a paid employee of, or under contract
to this local PTA.
** Section 11. Only members of this local PTA who have paid
dues for the current membership year may participate in the business of this
local PTA.
** Section 12. This local PTA shall collect dues from its members
and shall remit a portion of such dues to the NC PTA as provided in Article
V hereof.
**Section 13. The members of the nominating committee for officers
of this local PTA shall be elected by the Executive Board.
** Section 14. This local PTA shall keep such permanent books
of account and records as shall be sufficient to establish the items of gross
income, receipts, and disbursements of the organization, including, specifically,
the number of its members, the dues collected from its members, and the amount
of dues remitted to the NC PTA. Such books of account and records shall at all
reasonable times be open to inspection by an authorized representative of the
NC PTA or, where directed by the committee on state and national relationships,
by a duly authorized representative of the National PTA.
** Section 15. The charter of this local PTA shall be subject
to withdrawal and the status of such organization as a local PTA unit shall
be subject to termination, in the manner and under the circumstances provided
in the bylaws of the NC PTA.
** Section 16. This local PTA is obligated, upon withdrawal
of its charter by the NC PTA, (a) to yield up and surrender all its books and
records and all of its assets and property to the NC PTA or to such agency as
may be designated by the NC PTA, or to another local PTA organized under the
authority of the NC PTA; (b) to cease and desist from the further use of any
name that implies or connotes association with the National PTA or the NC PTA
or status as a constituent organization of the National PTA; and (c) to carry
out promptly, under the supervision and direction of the NC PTA, all proceedings
necessary or desirable for the purpose of dissolving the MCHS PTSA.
** Section 17. This local PTA shall include in its bylaws provisions
corresponding to the provisions of such of the NC PTA bylaws identified by the
double star(**).
** Section 18. A local PTA may dissolve and conclude its affairs
in the following manner:
a. The executive committee (or body that under its bylaws manages the affairs
of the local PTA) shall adopt a resolution recommending that the local PTA be
dissolved and directing that the question of such dissolution be submitted to
a vote of a special meeting of members having voting rights. Written or printed
notice stating that the purpose of such meeting is to consider the advisability
of dissolving the local PTA shall be given to each member entitled to vote at
such meeting at least thirty (30) days prior to the date of such meeting.
b. Written notice of the adoption of such resolution, accompanied by a copy
of the notice of the special membership meeting of the association, shall be
sent by registered mail to the president of the NC PTA at least twenty (20)
days prior to the special meeting.
c. Only those persons who were members in good standing of the local PTA on
the date of the adoption of the resolution, and who continue to be members in
good standing on the date of the special meeting, shall be entitled to vote
on the question of dissolution.
d. Approval of dissolution of the local PTA shall require the affirmative vote
of at least two-thirds of the members present and entitled to vote at the special
meeting, a quorum being present.
ARTICLE V: Membership
and Dues
** Section 1. Every individual who is a member of this local
PTA is, by virtue of that fact, a member of the National PTA and of the NC PTA
by which such local PTA is chartered, and is entitled to all benefits of such
membership.
** Section 2. Membership in this local PTA shall be made available
by this local PTA, without regard to race, color, creed, or national origin,
under such rules and regulations, not in conflict with the provisions of the
National PTA Bylaws or the NC PTA Bylaws to any individual who subscribes to
the Purposes and basic policies of the National PTA.
** Section 3. This local PTA shall conduct an annual enrollment
of members, but may admit persons to membership at any time.
** Section 4. Each member of this local PTA shall pay such
annual dues to said organization as may be prescribed by the organization. The
amount of such dues shall include the portion payable to the NC PTA -the "state
portion"- and the portion payable to the National PTA -the "national
portion." When there is an increase in dues at the National and/or State
level, the local unit may increase its dues by the increased amount only without
an amendment to the local PTA bylaws.
** Section 5. The amount of the state portion of each member's
dues shall be determined by the NC PTA. The National portion of each member's
dues shall be one dollar and twenty-five cents ($1.25) per annum.
PROVISIO:Beginning with the 2002-2003 membership year (April 1, 2002), the National
PTA dues will increase fifty cents (.50) for a total of one-dollar and seventy-five
cents ($1.75).
** Section 6. The North Carolina PTA portion of each member's
dues shall be one (1) dollar.
** Section 7. Each member of this PTA shall pay annual
dues of $15.00 for adults and $3.00 for students and teachers. A family of up
to 4 persons shall pay annual dues of $25.00. The amount of such annual
dues shall include the portion payable to the NC PTA and the portion payable
to the National PTA.
** Section 8. The state and national portions of the dues paid
by each member of this local PTA shall be set aside by this local PTA and remitted
to the NC PTA through such channels and at such times as the state bylaws may
provide. Each state PTA shall pay to the National PTA the amount of the national
portion of dues paid by all members of local PTAs in its area.
** Section 9. Only members of this local PTA shall be eligible
to participate in the business meetings or to serve in any of its elective or
appointive positions.
** Section 10. The membership year of the NC PTA shall begin
on November 1 and end on the following October 31.
ARTICLE VI: Officers
and Their Election
** Section 1. Each officer shall be a member of this PTA.
Section 2. Nominating Committees
a. There shall be a nominating committee composed of three members who shall
be elected by the Executive Board at least one month prior to the election of
officers. The committee shall elect its own chairman. (See Article IV, Section
13).
b. The nominating committee shall nominate an eligible person for each office
to be filled and will report its nominees at the regular membership meeting
of the association in May at which time additional nominations may be made from
the floor.
c. Only those persons who have signified their consent to serve if elected shall
be nominated for or elected to such office.
d. Neither the president nor the principal shall be a member of the Nominating
Committee.
Section 3. Officers and Their Election
a. The officers of this organization shall consist of a president, one vice
president, a secretary and a treasurer.
b. Officers shall be elected at a regular meeting of the general membership
of the association in the month of May. If there is one nominee for an office,
election may be by voice vote. However, if there is more than one nominee for
any office, election for that office must be by ballot.
c. An officer shall assume his/her official duties July 1 and shall serve for
a term of one year or until his/her successor is elected.
d. A person may serve only two consecutive terms in the same office.
Section 4. Vacancies
A vacancy occurring in any office shall be filled for the unexpired term by
a person elected by a majority vote of the remaining members of the executive
board, notice of such election having been given. In case a vacancy occurs in
the office of president, the first vice president shall serve notice of the
election.
ARTICLE VII: Duties of Officers
Section 1. President: The president shall preside at all meetings
of this local PTA and of the executive board at which he may be present; shall
perform such other duties as may be prescribed in these bylaws or assigned to
him by the association or by the executive board; shall be a member ex officio
of all committees except the nominating committee; and shall coordinate the
work of the officers and committees of the association in order that the Purposes
may be promoted.
Section 2. Vice President(s): The vice president(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 inability of that officer to serve.
Section 3. Secretary: The secretary shall record the minutes
of all meetings of the MCHS PTSA and of the executive board, have a current
copy of the bylaws, maintain a membership list, and shall perform such other
delegated duties as may be assigned.
** Section 4. Treasurer:
a. All monies collected by the association as local dues, raised in unit activities,
received as contributions, or otherwise acquired belong to this local PTA to
promote and implement a program of services, projects and other activities approved,
adopted, and directed by the membership of the association.
b. The treasurer shall have custody of the funds of the association; shall keep
a full and accurate account of receipts and expenditures; and in accordance
with the provisions in the annual budget adopted by the association, shall make
disbursements as authorized by the president, executive committee/board, or
the unit membership. Checks or vouchers shall be signed by two persons, the
treasurer and one other person designated by the executive committee/board.
The treasurer shall present a financial statement at every meeting of the association
and at other times when requested by the executive committee/board, and shall
make a full report at the meeting at which new officers officially assume their
duties. The treasurer shall be responsible for the maintenance of such books
of account and records as conform to the requirements of the article on Relationships
with National PTA and State PTA in these bylaws.
c. The treasurer shall have custody of funds collected as State and National
dues and shall be responsible for remitting such dues to the State PTA in accordance
with the requirements as stated in the article on membership and dues in these
bylaws.
d. The treasurer's accounts shall be examined annually by an auditor or auditing
committee of not less than three members, who, satisfied that the treasurer's
annual report is correct, shall sign a statement of that fact at the end of
the report. The auditing committee shall be selected by the executive committee/board
at least two weeks before the meeting at which new officers assume duties.*
e. The treasurer shall be responsible for filling any required tax forms within
five (5) months following the end of the unit's fiscal year.
Section 5. All officers shall:
a. Perform the duties outlined in these bylaws and those assigned by the executive
committee/board or the association.
b. Upon the expiration of the term of office or in 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.
*An audit of the treasurer's accounts is for the protection of the treasurer.
It is the only means of assuring everyone that the accounts are accurate, and
it relieves the treasurer of responsibility except in case of fraud. See Robert's
Rules of Order, Newly Revised.
ARTICLE VIII: Executive
Board
Section 1. The affairs of the MCHS PTSA shall be managed by
the executive board in the intervals between local unit PTA general membership
meetings.
**Sections 2. Each board member shall be a member of this local
PTA.
Section 3.
a. The executive board shall consist of the elected officers of the association,
the chairmen of standing committees, the council representative of the association
(if applicable), and the principal of the school or a representative appointed
by him/her. The chairmen of the standing committees shall be selected by the
officers of the association and the principal of the school or his representative.
b. The president may appoint a parliamentarian, subject to the approval of the
officers of the association.
Section 4. The duties of the executive board shall be: (a)
to transact necessary business in the intervals between association meetings
and such other business as may be referred to it by the members of the local
unit; (b) to create standing and special committees; (c) to approve the plans
of work of the standing committee; (d) to present a report at the meetings of
the association; (e) to select an auditor or an auditing committee to audit
the treasurer's accounts; (f) to prepare and submit to the association for adoption
a budget for the year; (g) to approve routine bills within the limits of the
budget.
Section 5. Regular meetings of the executive board shall be
held during the school year, the time to be fixed by the board at its first
meeting of the year. A majority of the executive board members shall constitute
a quorum. Special meetings of the executive board may be called by the president
or by a majority of the members of the board, three (3) days' notice being given.
ARTICLE IX: Executive
Committee
Section 1. The executive committee shall consist of the elected
officers of this local unit and the principal of the school or a representative
appointed by him/her.
Section 2. The duties of the executive committee shall be to
transact emergency business in the interval between executive board meetings.
Section 3. The majority of the executive committee shall constitute
a quorum.
Section 4. Meetings of the executive committee shall be as
held as needed.
ARTICLE X: Committees
Section 1. Only members of this local PTA shall be eligible
to serve in any elective or appointive positions.
Section 2. The executive board may create such standing committees
as it may deem necessary to promote the Purposes and carry on the work of the
association. The term of each chairman shall be one years or until the selection
of a successor.
Section 3. The chairman of each standing committee shall present
a plan of work to the executive board for approval.
Section 4. No committee work shall be undertaken without the
consent of the executive board.
Section 5. Special committees and their members shall be formed
by the executive board as needed.*
Section 6. The president shall be a member ex officio of all
committees except the nominating committee.
*Special committees are created and appointed for a specific purpose; they automatically
go out of existence when the work is done and the final report is received.
ARTICLE XI: Membership
Meetings
Section 1. Regular membership meetings (meetings of the general
membership) of this local PTA shall be held during the months of August,
October, February and May on third Tuesday, unless otherwise provided
by this local PTA or by the executive board. Five days' notice must be given
to change the date of a regular meeting.
Section 2. Special meetings of this local PTA may be called
by the president or a majority of the executive board, five days' notice having
been given.
Section 3. The annual membership meeting of the organization
shall be in May.
(At an annual meeting, the officers' and standing committees' annual reports
are in order along with any items of business that the bylaws may prescribe.
See Robert's Rules of Order Newly Revised)
Section 4. Twenty (20) members shall constitute a quorum for the transaction
of business in any meeting of this local PTA.*
*Robert's Rules of Order Newly Revised states: "The minimum number of members
who must be present at the meetings of a deliberative assembly for business
to be legally transacted is the quorum of the assembly. The requirement of a
quorum is a protection against totally unrepresentative action in the name of
the body of an unduly small number of persons." It is suggested that the
quorum be set to reflect the number of people who could reasonably be expected
at any business meeting.
ARTICLE XII: Council
Membership
(Applies only to local PTAs and PTSAs holding membership in a council of PTAs)
Section 1.
a. This local PTA shall be represented in meetings of the Wake County Council
of Parent-Teacher Associations as designated in the Council bylaws.
b. Delegates and their alternates, other than the president and principal and
their alternates, shall be elected in May at a regular meeting of the general
membership of the association.
c. All of this PTAs delegates to the council must be members of this local PTA.
d. Delegates to the council shall serve for a term of one year.
Section 2. The association shall pay annual dues as determined
by the Council in its bylaws.
ARTICLE XIII: NC
PTA Convention
A local PTA in good standing is entitled to be represented at the annual convention
of the NC PTA by its president or alternate, and by one delegate for every twenty-five
(25) members, or major fraction therof, as shown on the books of the state treasurer
as of March 15 and upon payment of the convention registration fee.
ARTICLE XIV: Fiscal
Year*
The fiscal year of the MCHS PTSA shall begin on July 1 and end on the following
June 30.
*Fiscal year represents a full calendar year and the term of the unit's financial
records; July 1 to June 30 is suggested.
** ARTICLE XV: Parliamentary
Authority
The rules contained in the current edition of Robert's Rules of Order Newly
Revised shall govern MCHS PTSA and in all cases in which they are applicable
and in which they are not in conflict with these bylaws, the National PTA Bylaws,
the NC PTA Bylaws, or the articles of incorporation.
ARTICLE XVI: Amendments
**Section 1.
a. These bylaws may be amended at any regular membership meeting of the MCHS
PTSA by a two-thirds vote of the members present and voting, provided that notice
of the proposed amendment shall have been given at least 30 days prior to the
meeting at which the amendment is voted upon and that the proposed amendment
shall be subject to the approval of the state PTA.
b. The amendment shall become effective upon receipt of approval from the state
bylaws committee.
c. A committee may be appointed to submit a revised set of bylaws as a substitute
for the existing bylaws by a majority vote at a meeting of the association,
or by a two-thirds vote of the executive board. The requirements for adoption
of a revised set of bylaws shall be the same as in the case of an amendment.
d. Submission of amendments or revised bylaws for approval by the state PTA
shall be in accordance with the bylaws or regulations of the NC PTA.
** Section 2. The adoption of an amendment to any provision
of the National PTA Bylaws shall serve automatically and without the requirement
of further action by MCHS PTSA to amend its corresponding bylaws. Local PTAs
shall promptly incorporate such amendments in their respective bylaws.
Section 3. The adoption of an amendment to any provision of
the Bylaws of the North Carolina PTA identified by a double star (**) symbol
shall serve automatically and without requirement of further action by the MCHS
PTSA to amend its corresponding bylaws.
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