HPE BYLAWS
Adopted April 2019
Article I – Name
The name of the organization shall be named Hollywood Park Elementary Parent Teacher Organization, hereinafter referred to as the HPE PTO.
Article II – Objectives
The PTO is organized for the purpose of supporting and enhancing the educational experiences of Hollywood Park Elementary by:
Providing an organization that fosters relationships among the school, parents, and teachers.
Provides financial support for programs funded outside of the annual school budget.
Article III - Purpose
Section 1. This organization shall be an extension of the educational process. The work of the organization shall be carried out through committees, conferences, and projects.
Section 2. This organization shall support the administrative activities and policies of the school.
Article IV - Standard Policies
Section 1. The PTO shall operate for charitable, educational, nonpartisan, non-sectarian, and non-commercial purposes and shall not discriminate.
Section 2. The policies of the PTO are established to maintain a tax-exempt status as defined by Section 501(c)3 of the Internal Revenue Code.
Section 3. The PTO recognizes that the legal responsibility to make decisions regarding the school policy has been delegated by the people to boards of education.
Section 4. The Principal and/or designee shall maintain the right to approve/disapprove all decisions and activities of the PTO.
Section 5. The name of the PTO and the names of any of its members in their official capacities shall not be used in any connection with a commercial concern or political interest for any purpose not appropriately related to the mission of the PTO.
Article V - Fiscal Year
The fiscal year of the PTO begins July 1 and ends the following June 30th.
Article VI – Membership and Dues
Section 1. Any parent, guardian of a student at the school may be a member and shall have voting rights. The principal and any teacher employed at the school may be a member and have voting rights. Members have one vote per household.
Section 2. Dues, if any, will be established by the executive board. If dues are charged, a member must have paid his or her dues at least 14 calendar days before the meeting to be considered a member in good standing with voting rights.
Article VII – Officers and Elections
Section 1. Officers. The officers shall consist of an elected President, Vice President, Secretary, and Treasurer. Any officer position may be shared between two individuals, thus acting equally, i.e. Co-Secretary. In addition to the duties listed below, each officer will also perform other such duties as applicable to the office as prescribed by the parliamentary authority of this organization.
a. President. The president shall:
Preside over meetings of the organization and executive board.
Serve as the primary contact for the principal.
Prepare each meeting’s agenda in collaboration with the VP and Secretary.
Represent the organization at meetings outside the organization.
Serve as an ex officio member of all committees except the nominating committee.
Coordinate the work of all the officers and committees so that the purpose of the organization is served.
Appoint special committees as necessary.
Attend to the official correspondence of the PTO, including, but not limited to, gestures of appreciation and/or sympathy on behalf of the PTO.
Sign checks, notes, etc. in the absence of the treasurer.
Spend no more than $100 per month on any one item or combination of items, without consent of the general membership.
b. Vice President. The vice president shall:
Announce PTO meetings to the school population at least one week in advance.
Assist the president and carry out the president’s duties in his or her absence or inability to serve.
Oversee the committees/chairs of this organization.
c. Secretary. The secretary shall:
Keep all records of the organization.
Take and record minutes of the Executive Board and PTO and forward copies to the Executive Board within two weeks of the recorded meeting.
Circulate the minutes from the preceding PTO meeting at each PTO meeting.
Keeps a copy of the minute’s book, bylaws, rules, membership list, and any other necessary supplies, and brings them to meetings.
Provide a printed copy of the Bylaws to each newly elected Executive Board member.
Responsible for coordinating membership drive the first month of school.
Maintains records of membership and provides to the Secretary for permanent record keeping.
Reaches out to membership to obtain volunteers for events throughout the year.
d. Treasurer. The treasurer shall:
Receive all funds of the organization, including, but not limited to, donation, dues, and fundraising sales and contributions.
When counting any funds, one other officer must be present.
Perform all banking activities of the PTO.
Funds do not leave the school and/or safe unless being deposited to the bank.
Keep an accurate record of receipts and expenditures, and pay out funds in accordance with the approval of the executive board.
Audit all invoices and receipts submitted for payment for payment or reimbursement to endure each request is in compliance with PTO policies. Pay bills, make purchases and disburse funds as authorized by Executive Board.
Present a financial statement, oral and written report at every meeting and at other times of the year when requested by the executive board, and make a full report at the end of the year.
Perform the complete and timely filing of all federal and state tax returns as well as other financial reports, pertaining to the PTO’s 501(c)3 status, as applicable, and maintain records as such.
Complete all financial updates by the close of Fiscal Year and provide a full year-end report.
e. Co-Treasurer. Assist treasurer with any duties as necessary.
Section 2. Eligibility. Only members in good standing (who have paid their annual dues and have approved background check) at least 14 calendar days before the nominating committee shall be eligible to serve in any officer position.
Section 3. Nominations and Elections. Elections will be held at the April PTO meeting. Any officer positions that remain vacant after the April meeting, a nominating committee appointed by the Executive Board will seek out interested parties. A slate of nominees for office will be published on a voting ballot and distributed school wide. The final nominees will be determined based on the ballot results and shall be presented at the May PTO general meeting. The election will take place at the May PTO general meeting and the final voting shall be by written ballot or show of hands. A majority shall constitute an election.
Section 4. Terms of Office. Officers are elected for one year and may serve no more than two (2) consecutive terms in the same position, with the exception of vacant positions. See Section 6.
Section 5. Removal From Office. Officers can be removed from office with or without cause by a two-thirds vote of those present (assuming a quorum) at a regular meeting where previous notice has been given.
Section 6. Vacancies. If there is a vacancy in the office of president, the vice president will become the president. At the next regularly scheduled meeting, a new vice president will be elected. If there is a vacancy in any other office, members will fill the vacancy through an election at the next regular meeting.
Article VIII – Meetings
Section 1. Regular Meetings. The regular meeting of the organization shall be on the same day and at the same time each month, to be determined by the executive board.
Section 2. Special Meetings. Special meetings may be called by the president, or any two members of the executive board, or five general members by either submitting a written request or other communication to the secretary. Notice of the special meeting shall be sent to the members at least 24 hours prior to the meeting, by flyer and/or phone calls, text or email.
Section 3. Annual Meeting. The annual meeting will be held at the April regular meeting. The annual meeting is for receiving reports, electing officers, and conducting other business that should arise.
Section 4. Quorum. At least 10% of the PTO membership shall constitute a quorum.
Section 5. Notification of Meetings. The President, Vice President or Secretary will notify the members of the meetings via email, phone, text or other ways of communication at least one week prior to the meeting.
Section 6. Last Meeting. The final PTO meeting will be held in June, prior to the close of school.
Article IX – Executive Board
Section 1. Membership. The Executive Board shall consist of the officers, principal, a teacher representative, and the chairpersons of any standing committees. The principal and teacher representative are not required to pay annual dues. The Principal acts as a liaison between the school and the PTO and ensures that all PTO activities are in accordance with the schools policies and procedures. The teacher representative acts as a liaison between the school teachers and the PTO.
Section 2. Duties. The duties of the Executive Board shall be to transact business between meetings in preparation for the general meeting, create standing rules and policies, create standing and temporary committees, prepare and submit a budget to the membership, approve routine bills, and prepare reports and recommendations to the membership.
Section 3. Meetings.
a. Regular meetings shall be held monthly, on the same day and at the same time each month, to be determined by the board.
b. Special meetings may be called by any two board members, with 24 hours’ notice.
c. Executive board meetings shall be held no less than quarterly on a date agreed upon by the officers.
Section 4. Quorum. At least 10% of the PTO executive board shall constitute a quorum. A quorum must be met in order for any vote to take place.
Article X – Committees
Section 1. Membership. Committees may consist of general members and board members, with the president acting as an ex officio member of all committees.
Section 2. Standing Committees. The following committees shall be held by the organization: Fundraising, Membership, Garden Club, Teacher Appreciation, Donation Sponsorship, Enrichment, Social, Room Parent and Nominating.
Section 3. Chairpersons. Chairpersons of Standing Committees shall be elected annually by the PTO membership. Nominations shall be submitted at the April PTO meeting. Elections shall take place at the May PTO meeting. An officer may also act as a Chair of up to two Standing Committees.
Section 4. Additional Committees. The board may appoint additional committees as needed.
Section 5. Contracts and Purchases. No committee chair shall secure any contract in the name of the PTO without the approval to do so by vote of the PTO members. Any approved purchases must be made within the budgetary restrictions.
Section 5. Attendance. Committee chairpersons shall attend Executive Board and PTO meetings to report the activities of his/her committee.
Article XI - Committee Duties
Section 1. Fundraising Chair
Research options, plans, and anticipates profits and expenses for any fundraising projects and presents suggestions to the Executive Board.
Prepare and execute fundraising projects as approved by the Executive Board
Solicits volunteers to assist with each fundraiser.
Reports all fundraising activities, expenses, and profits at each monthly PTO meeting.
Maintain all confidential records of all contributions.
Maintain planning records of each fundraiser and pass these along to the Secretary for permanent record keeping.
Manages the coordination of the PTO’s fall and/or spring fundraising activities such as Box tops, Red Apple, Kovar, Read-a-thon, etc.
Co-chair the fall festival.
Coordinates and distributes fundraiser materials and informational flyers to students and teachers.
Responsible for collecting and verifying orders with the treasurer and then submitting.
Section 2. Garden Club Chair
Coordinates purchase and delivery of new soil in October with executive board approval.
Coordinates a “Dig Day” event every year with volunteers to replace the dirt in the gardens.
Coordinates plant purchasing and planting days with teachers and classrooms.
Manages and assists with planting days.
Section 3. Teacher Appreciation Chair
Coordinates teacher appreciation after events with approval of the executive board.
Coordinates daily recognition for Teacher Appreciation Week in May.
Section 4. Donation Sponsorship Chair
Responsible for gathering donations from restaurants and businesses throughout the year for PTO functions. Ex. t-shirt sponsors, food donations for events, student incentives, etc.
Ensures that sponsors receive thank you cards and recognition in the PTO newsletter, website, etc.
Section 5. Social Chair
Responsible for managing and coordinating not-for-profit social activities for students and their families: including, but not limited to, Turkey Trot, Jog-a-thon, and Field Day events, etc.
Section 6. Nominating Chair
Publicize PTO positions and recruit volunteers to fill open Executive Board positions for the upcoming school year.
Work with Executive Board and Committee Chairs to prepare a list of nominees to be included on the annual election ballot at the April PTO meeting. This list shall be completed and published to all PTO members two weeks prior to the April meeting.
Section 7. Room Parent Chair
Solicit volunteers for a minimum of one room parent per classroom and maintain records of these individuals.
Coordinate and review with the room parents responsibilities; including, but not limited to, assisting with class parties, etc., and assisting with any other classroom duties the teacher requires assistance with.
Article XII – Finances
Section 1. A tentative budget shall be drafted in spring for the following school year and approved at a fall meeting by a majority vote of the members present.
Section 2. The treasurer shall keep accurate records of any disbursements, income, and bank account information.
Section 3. The board shall approve all expenses of the organization.
Section 4. Two authorized signatures shall be required on each check over the amount of $200. Authorized signers shall be the president, vice president, treasurer, and co-treasurer.
Section 5. The treasurer shall prepare a financial statement at the end of the year, to be reviewed by the executive board executive board.
Section 6. The fiscal year shall coordinate with the school year.
Section 7. Upon the dissolution of the organization, any remaining funds should be used to pay any outstanding bills and, with the membership’s approval, spent for the benefit of the school.
Article XIII – Parliamentary Authority Robert’s Rules of Order shall govern meetings when they are not in conflict with the organization’s bylaws or any other special/ standing rules. Article X – Standing Rules Standing rules may be approved by the Executive Board, and the secretary shall keep a record of the standing rules for future reference.
Article XIV – Dissolution The organization may be dissolved with previous notice (14 calendar days) and a two-thirds vote of those present at the meeting.
Article XV – Amendments These bylaws may be amended at any regular or special meeting, providing that previous notice was given in writing at the prior meeting and then sent to all members of the organization by the secretary. Notice may be given by postal mail, email, hard copy, or fax. Amendments will be approved by a two-thirds vote of those present, assuming a quorum.
Article XVI – 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 defined below, is an interested person.
b. Financial Interest. A person has a financial interest if the person has, directly or indirectly, through business, investment, or family:
i. An ownership or investment interest in any entity with which the organization has a transaction or arrangement;
ii. A compensation arrangement with the organization or with any entity or individual with which the organization has a transaction or arrangement; or
iii. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the organization is negotiating a transaction or arrangement. “Compensation” includes direct and indirect remuneration as well as gifts or favors that are not insubstantial. A financial interest is not necessarily a conflict of interest. Under Section 3b, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.
Section 3. Procedures.
a. Duty To Disclose. In connection with any actual or possible conflict of interest, an interested person must disclose the existence of the financial interest and be given the opportunity to disclose all material facts to the directors and members of committees with governing board-delegated powers who are considering the proposed transaction or arrangement.
b. 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.
c. Procedures for Addressing the Conflict of Interest.
i. An interested person may make a presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of interest.
ii. The chairperson of the governing board or committee shall, if appropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction or arrangement.
iii. After exercising due diligence, the governing board or committee shall determine whether the organization can obtain, with reasonable efforts, a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of interest.
iv. If a more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict of interest, the governing board or committee shall determine by a majority vote of the disinterested directors whether the transaction or arrangement is in the organization’s best interest, for its own benefit, and whether it is fair and reasonable. In conformity with the above determination, it shall make its decision as to whether to enter into the transaction or arrangement.
4 d. 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 not allowed to vote 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 not allowed to vote 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.
d. All members must request compensation in writing by completing a reimbursement Request form in order to be compensated and/or reimbursed.
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 inurement, 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.
Adopted April 2019