MCCPTA Training - Bylaws August 8, 2012 Montgomery Blair High

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MCCPTA
Training, Fall
2013
MCCPTA Training - Bylaws
All you need to know to update your
local PTA bylaws
September 7, 2013
Montgomery Blair High School
Silver Spring, MD
Presenter:
Susan Fleck, susan
fleck@yahoo.com
301-728-9861 cell
Bylaws Committee Chair
Montgomery County Council of PTAs
(underscore)
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MCCPTA
Training, Fall
2013
Why does your PTA need bylaws?
• For your school community
• For the Montgomery County and Maryland PTAs
• For the IRS
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MCCPTA
Training, Fall
2013
Why does your PTA need bylaws?
• For your school community
▫ Creates transparency – all members know the
basic rules
▫ Assures smooth transition – explains how to
nominate and elect officers
▫ Assures accountability – provides the ground rules
for decision making and managing money
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MCCPTA Fall 2012
Training
MCCPTA
Training, Fall
2013
Why does your PTA need bylaws?
• For the Montgomery County and Maryland PTAs
▫ Creates the same ground rules for all our PTAs
▫ Changes to template proposed and voted on in
annual Maryland State PTA Convention
▫ Allows flexibility for local PTAs to include their
priorities
▫ Requirement to maintain status as a PTA
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MCCPTA Fall 2012
Training
MCCPTA
Training, Fall
2013
Why does your PTA need bylaws?
• For the IRS
▫ Tax laws require non-profit organizations to be
incorporated
▫ Tax laws require non-profit corporations to have
bylaws
▫ PTAs are non-profit corporations
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MCCPTA
Training, Fall
2013
Local PTA bylaws update process
• When
▫ Every three years at the minimum,
▫ Or when needed/proposed by your PTA Board of
Directors
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MCCPTA
Training, Fall
2013
Local PTA bylaws update process
• Who is involved
▫ Your bylaws determine who appoints chair of Bylaws
Committee
▫ Committee then presents revisions to Board of Directors for
approval
▫ Board of Directors approves wording, or prepares
alternative language
▫ If alternative langauge prepared, both versions are presented to
general membership 30 days before vote
▫ General membership votes - even if no change was made
▫ Send to Maryland PTA office for MDPTA bylaws committee
approval
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MCCPTA
Training, Fall
2013
Local PTA bylaws – must submit final
bylaws on printed booklet template
• Request printed booklet of the most recent local PTA
bylaws template from Maryland PTA.
• Submit request at
http://www.mdpta.org/bridge_contact.html
• Or email: office@mdpta.org
• The printed booklet must be hand-edited and submitted
via postal mail (with 2 copies).
▫ This seems archaic, but this is still the easiest way for the MDPTA bylaws committee
to review and approve changes for all Maryland PTAs.
▫ Grin and bear it – we are all volunteers, even at the state level
• Most recent version is July 2013
▫ MDPTA usually updates template language November and July each year
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MCCPTA
Training, Fall
2013
Local PTA bylaws – download
electronic version
• Maryland PTA provides an electronic ‘draft’ file of the
printed booklet
▫ Go to http://www.mdpta.org/bridge_membership.html
▫ Scroll to bottom, click on Members Only section
Enter login information:
LOGIN:
Diversity
PASSWORD:
means..
• Use this electronic file to mark up your DRAFT language,
and when the general membership has approved the
changes, make the approved changes to the printed
booklet.
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MCCPTA
Training, Fall
2013
Local PTA bylaws update process
• When you make changes, start from scratch – MDPTA will not
review changes from your past to your new bylaws
• Use the most recent template for your submission to the MDPTA,
but if you started your process before the updated template was
published, you can use previous versions as working documents.
• Announcing and distributing the draft bylaws for discussion can be
done thru email and listserve, as well as through printed
newsletters.
• PTAs often scan their approved bylaws and post on PTA website so
members understand the roles and responsibilities of members and
officers.
• Standing rules can be established to provide more detailed
procedures that improve the management of your local PTA.
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MCCPTA
Training, Fall
2013
Local PTA bylaws – must comply with
MCCPTA bylaws
• Make the following revisions to the MDPTA template
• Article V, section 5. Paying dues to MCCPTA
▫ Add “as well as county council” after the words,
“National PTA”
• Article XII, Section 1.a.
▫ Cross out the words, “the principal or alternate” in the
bylaws
▫ 2 delegates are required for MCCPTA (even if you can’t find
2 people to fill the positions)
▫ This section should read: "The Association shall be
represented in meetings of the Montgomery County Council
of Parent Teacher Associations by the president or alternate
and by two (2) delegates or their alternates..."
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MCCPTA
Training, Fall
2013
Local PTA bylaws update process
• How the committee works
▫ Your existing bylaws determine who will create a committee
(template says board of directors)
▫ Your existing bylaws determine who will select the chair of the
committee (template says president)
▫ Bylaws committee prepares edited bylaws (can be identical to
past bylaws), and presents to Board of Directors
▫ Board of Directors reviews changes and agrees or disagrees
 If agreed, present draft 30 days before general meeting
 If disagreed, propose changes and present both committee and
BOD changes to general membership 30 days before the
general meeting
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MCCPTA
Training, Fall
2013
Local PTA bylaws update process
• How to vote
▫ Board of Directors presents revised bylaws to
membership 30 days before general meeting
▫ Vote at general meeting
 a quorum of members in good standing discuss and vote
according to Robert’s Rules
 2/3 must approve to adopt changes
 (See Article XV, Section 1b, for a total revision of bylaws)
 Minutes must be recorded from the general meeting
▫ Local PTA CAN NOT vote to delete hashmarked text
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MCCPTA
Training, Fall
2013
Local PTA bylaws update process
• How and where to submit
▫ Make copy or scan bylaws as approved by local
membership and keep it somewhere safe
▫ Send minutes from meeting, the hand-filled (!)
complete original and 2 copies to MDPTA at
5 Central Ave.
Glen Burnie, MD 20161
▫ If approved by MDPTA, signed copy returned to
you and MCCPTA. Scan, store, and distribute to
membership.
▫ If not approved, follow instructions to go through
bylaws review again
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MCCPTA
Training, Fall
2013
Bylaws checklist – information needed
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Your legal PTA name and address
Your county
Your incorporation number
Your National PTA ID number
Employer Identification Number (EIN)
Sales and Use Tax number
Insured by…..
All these are part of what is needed to be a PTA in
good standing.
• Look at your past bylaws or treasurer for most of
this information
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MCCPTA
Training, Fall
2013
Bylaws checklist – hashmarked text
guidelines
• # hashmark in the template means that MDPTA
requires ALL PTAs to abide by the language (note,
requirements with the blank space do need to be filled in)
• # text is not subject to being voted on and is required
wording to be practiced by local PTAs
• # for article – article and all sections must stand
• # for section – section must stand, but other sections
without # can be changed in the article
• # for subsection – must keep the wording of that
subsection
• # with a blank space in it – must fill in the blank space
with a number
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MCCPTA
Training, Fall
2013
Bylaws checklist – important issues
• # hashmark means that MDPTA requires ALL
PTAs to abide by the article. Text can not be
changed or deleted.
• Fill in all the blanks, even those where there is a #.
Additional wording or explanations can be added on
a separate sheet of paper
• List titles for each vice-president (if more than 1)
• Co presidents are not allowed ‘de jure’ (ie, in
the bylaws), even if you have ‘de facto’ (ie, in reality)
co-presidents. PTA can officially only recognize
them as president and a vice-president-or president
elect-who supports the president.
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MCCPTA
Training, Fall
2013
Bylaws approval process by MDPTA
• Approved as submitted or with required language in
cover letter
▫ Congratulations! You don’t have to change anything,
but you do have to accept the MDPTA wording
▫ Required language is language that is consistent with
the MDPTA – if you made a change to something that
is logically inconsistent, it will be disallowed
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MCCPTA
Training, Fall
2013
Bylaws approval process by MDPTA
• Approved with language changes or Email
requesting clarification of phrase or word
▫ If minimal, an email clarifying the changes may suffice
▫ Common questions of clarification
 Electing delegates or selecting standing committees
before electing the new leadership
 Changing # text or not filling in blanks next to #
hashmarked text
▫ These changes must be addressed.
▫ If changes are major, you may have to revise, vote, and
resubmit – MDPTA bylaws committee will provide you
guidance
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MCCPTA
Training, Fall
2013
Bylaws approval process by MDPTA
• Rejected
▫ Must go through the whole process again.
▫ Common reasons are
 Fail to define duties of the various vice presidents
 Failure to define succession if president resigns
 Calling elected officers co-presidents
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MCCPTA
Training, Fall
2013
For reference
• MDPTA – see
http://www.mdpta.org/bridge_localbylaws.html
• MCCPTA – bylaws website and guidebook
provide the same information that is in this
presentation http://www.mccpta.org/Bylaws.html
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MCCPTA
Training, Fall
2013
For help
• If you want someone to look at your bylaws
• If you want to understand why your local PTA
bylaws were not approved or were rejected
• If MDPTA does not get back to you
• If MDPTA says they don’t have your bylaws on
file
• Contact :
▫ MCCPTA bylaws chair: Susan Fleck
 Susan(underscore)fleck@yahoo.com
 301-728-9861
▫ and your cluster coordinator(s)

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