PROCEDURES FOR BYLAWS REVIEW


REVIEW PROCESS
  • The president appoints a bylaws review committee (3-5 people) chaired by the parliamentarian.
  • Using the “Instructions for Completing the Standard Bylaws” (page ii) the committee reviews the bylaws to see if any changes are necessary and then completes a set of the most current edition of Council Bylaws.
  • The parliamentarian consults with the district PTA parliamentarian regarding how to complete a section or make a desired change.
  • The committee prepares a detailed list of proposed amendments.
  • The committee presents to the executive board the recommendation that no changes be made or the list of proposed amendments.
  • The executive board votes and the outcome is recorded in the minutes.
  • The parliamentarian keeps one copy of the bylaws for reference.
  • The parliamentarian submits the detailed list along with five (5) copies of the bylaws to the PTA district and on to the California State PTA parliamentarian.
WHEN BYLAWS ARE RETURNED:
  • The California State PTA parliamentarian returns signed bylaws to the council through PTA district.
  • A council meeting is scheduled to adopt the amendments to the bylaws. Members must be notified of the meeting at least thirty (30) days in advance and a list of the proposed amendments must be included with the notice. [NOTE: If the only change is to update to the most current edition of the standard bylaws, a vote by the council is not necessary but the return of the signed bylaws from the California State PTA is noted in the executive board minutes and then signed by the council secretary.]
  • A two-thirds (2/3) vote of the council voting body is required to adopt the amendments.
  • After the council adopts the amendments, the secretary signs and dates the three (3) master copies of the bylaws, which are kept by the president, secretary and parliamentarian.
  • Additional copies of the bylaws are made for the procedure books of each member of the board.

UNSIGNED BYLAWS

If the bylaws are returned by the California State PTA parliamentarian unsigned, the council must make the required changes and resubmit the bylaws through channels.



 INSTRUCTIONS FOR COMPLETING THE STANDARD BYLAWS

The current standard bylaws MUST be used when submitting bylaws for approval. The California State PTA prints the date on the front cover and at the bottom of each page. USING OUTDATED STANDARD BYLAWS MAY BE CAUSE FOR THE BYLAWS TO BE RETURNED UNSIGNED.

Bylaws may be modified to meet the needs of the council, but because they are a legal document, additions and/or changes must be written legibly in blue or black ink or typed. Bylaws completed in pencil, black marker or any other color ink will not be accepted. RETYPED OR COMPUTER PRINTOUTS OF BYLAWS WILL NOT BE ACCEPTED. The standard bylaws maybe photocopied using a double-sided format. All blanks must be completed.
  1. DO NOT ALTER OR CHANGE ANY ARTICLES OR SECTIONS WITH STARS. Authority for the articles and sections marked with stars is from the National PTA (**), the California State PTA (***) and the Thirty-Third District PTA (****) bylaws and shall be included in all bylaws.
  2. Several sections refer to information in the California State PTA Toolkit and MAY NOT BE ALTERED. They are policies or procedures of the California State PTA.
  3. Words in italics indicate certain optional provisions and SHOULD BE LINED OUT when not applicable. To line out, neatly draw a single straight horizontal line through each word and/or sentence which does not apply. Do not use white-out or a wide-tipped marker.
  4. Words in brackets [] are for information or directions only. Line out words following or beneath a blank which gives directions.
  5. Use the council’s full legal PTA or PTSA name on the cover and in ARTICLE I.
  6. Spell out all words; do not use abbreviations, e.g., Sept – September; 2nd – second; VP – vice president.
  7. Write numbers as words and place figures in parenthesis, e.g., one (1); twenty (20).
  8. The following articles and sections require special attention:
    • Article VI, Section 4 and Section 6 must state a specific month; Section 8 must state an exact date.
    • Article VI, Section 4 must agree with Article VIII, Section 1 and 2.
    • Article VII, Section 4 and Section 5 – If there is only one secretary, combine these sections and renumber subsequent sections.
    • Article VII, Section 8d must agree with council meeting months in Article VIII, Section 1.

SANTA MONICA-MALIBU COUNCIL BYLAWS

BYLAWS

ARTICLE I – NAME


The name of this organization is the Santa Monica-Malibu Council of Parent-Teacher Associations, Thirty-Third District of the California Congress of Parents, Teachers, and Students, Inc. (California State PTA), a branch of the National Congress of Parents and Teachers (National PTA).

ARTICLE II – PURPOSES


SECTION 1.

The purposes of this council, in common with the purposes of the National PTA and the California State PTA, are:

  • To promote the welfare of children and youth in home, school, community and place of worship.
  • To raise the standards of home life.
  • To secure adequate laws for the care and protection of children and youth.
  • To bring into closer relation the home and the school, that parents and teachers may cooperate intelligently in the education of children and youth.
  • 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 this council are promoted in cooperation with the National PTA and the California State PTA through an advocacy and educational program directed towards parents and 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.

This council is organized exclusively for the charitable, scientific, literary, or educational purposes within the meaning of Section 501©(3) of the Internal Revenue Code or corresponding Section of any future Federal tax code (hereinafter “Internal Revenue Code”).

SECTION 4.

The purposes of this council shall be:

  • To promote within the council territory the interests of the National PTA, the California State PTA and Thirty-Third PTA District.
  • To unify and strengthen its units by counseling and encouragement.
  • To develop the coordinate unit and council projects and activities in the interest of children and youth.
  • To act as a clearing house for an exchange of ideas and experiences.
  • To serve as a channel of communication between the district and the local associations.
  • To provide opportunities for leadership training.
  • To create public opinion favorable to the interests of children and youth.
  • To assist in the formation of new local PTAs and PTSAs according to the plan of the California State PTA.
  • To compile a roster of council officers and unit presidents.
  • To provide information on proper procedures at the direction of the PTA district president in the event of dissolution of any unit or a unit disbands.

Council shall not legislate for local units.

***ARTICLE III – BASIC POLICIES

The following are basic policies of the National PTA, the California State PTA and this council:
  • The organization shall be noncommercial, nonsectarian and nonpartisan;
  • 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;
  • 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;
  • 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 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 Article II hereof;
  • 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©(3) of the Internal Revenue Code, or (ii) by an organization, contributions to which are deductible under Section 170©(2) of the Internal Revenue Code;
  • 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 nonprofit funds, foundations, or organizations which have established their tax exempt status under Section 501©(3) of the Internal Revenue Code and whose purposes are in accordance with those of the National PTA;
  • 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;
  • The organization or members in their official capacities shall not endorse a commercial entity or engage in activities not related to promoting the purposes of the organization.
  • The organization shall not enter into membership with other organizations except such international, national or state organizations as may be approved by the California State PTA. The California State PTA or any of its divisions may cooperate with other organization and agencies concerned with child welfare, but a PTA/PTSA representative shall make no commitments that bind the group he represents.

ARTICLE IV – MEMBERSHIP AND DUES


SECTION 1.

Membership in this council shall consist only of local units chartered by the California State PTA as authorized by the National PTA in Santa Monica Malibu, California, upon payment of dues hereinafter provided.

SECTION 2.

Every individual who is a member of a local PTA/PTSA is, by virtue of that fact, a member of the National PTA and the California State PTA by which such local PTA/PTSA is chartered, and the district, and is entitled to all benefits of such membership.

SECTION 3.

Membership in each local PTA/PTSA shall be made available by such local PTA/PTSA without regard to race, color, creed or national origin, under such rules and regulations not in conflict with the provisions of the bylaws of the National PTA or the bylaws of the California State PTA as may be prescribed in the bylaws of the local PTA, to any individual who subscribes to the purposes and basic policies of the National PTA.

SECTION 4.

Each local PTA/PTSA shall conduct an annual enrollment of members but may admit persons to membership at any time.

SECTION 5.

Each member of a local PTA/PTSA 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 California State PTA (the "State portion") and the portion payable to the National PTA (the "National portion").

SECTION 6.

Each local PTA/PTSA in this council shall forward to the council a total of $3.80 annually from each member's dues which shall be allocated as follows:

  • Such annual dues shall include the portion of $1.75 per member payable to the National PTA.
  • Such annual dues shall include the portion of $1.25 per member payable to the California State PTA.
  • Such annual dues shall include the portion of $.50 per member payable to the 33rd District PTA.
  • Such annual dues shall include the portion of $.30 and shall constitute the council's portion and shall be retained by this council.

SECTION 7.

The first remittance of the National, State, district and council portion of the dues paid by members of a local PTA/PTSA in Santa Monica-Malibu council shall be remitted to council financial officers by the October 15 and monthly thereafter in accordance with district bylaws, rules, and procedures.

SECTION 8.

The first remittance of the national and state portions of the dues received by the council shall be forwarded to the financial officers of the district as provided for in the California State PTA bylaws.

SECTION 9.

The first remittance of the district portion of the dues received by the council shall be forwarded to the district financial officers by October 31 and monthly thereafter.

SECTION 10.

Remittances shall be accompanied by a statement showing the name and location of each PTA/PTSA, the number of new members of each and the amount remitted.

SECTION 11.

Local units failing to forward their first remittance of per capita dues to the council by December 1 shall forfeit representation at council meetings until the amount has been paid.

SECTION 12.

A local PTA/PTSA in good standing is one which pays dues and insurance to and actively supports all branches on the National and California State PTA; is composed of not less than 15 members of whom at least 3 shall serve in the office of president, secretary, and treasurer, respectively.

SECTION 13.

Additional units may be accepted at any time.

SECTION 14.

Delegate and voting privileges shall be based on the report of the district financial secretary:

  • Mid-Winter Conference - membership must be received by December 1.
  • Annual Meeting - membership must be received by March 1.
  • Insurance premiums must be received no later than 10 days prior to due date set by the California State PTA.

Associations failing to pay annual dues and insurance to the District Financial Secretary shall forfeit delegate and voting privileges.

ARTICLE V - COUNCIL VOTING BODY


SECTION 1.

The voting body shall consist of council officers, chairmen of committees, presidents of the member associations or their alternates, the superintendents of schools or their representatives, principals of schools having associations in council membership or their representatives, and 3 delegates or their alternates from each association selected by the association prior to the first meeting of the council, except at the election of officers when an alternate delegate system outlined in Article V, Section 2, shall be used.

SECTION 2.

For the election of council officers each association in good standing shall be entitled to be represented by the president or his alternate and one delegate or alternate for every 25 members or fraction thereof.

SECTION 3.

The Council shall:

  • Authorize the payment of council bills within the limits of the council and such other business as may be referred to it by the executive committee.
  • Create such committees as deemed necessary to promote the purposes, to carry on the work of the council, 33rd PTA District, California State PTA and National PTA.
  • Fill all vacancies in office, including that of president. (Refer to Article VI, Section 12)
  • Receive a financial report from the treasurer and financial secretary at each meeting.

SECTION 4.

Voting by proxy is PROHIBITED.

SECTION 5.

A PTA/PTSA member shall not serve as a voting member of the council while serving as a paid employee of or under contact to the council.

ARTICLE VI - OFFICERS AND THEIR ELECTION

SECTION 1.

Each officer or board member of this council shall be a member of a local PTA/PTSA within the boundaries of the council, whose dues have been paid and who has been a member for at least 30 days previous.

SECTION 2.

  • Officers of this council shall be a president, executive vice president, 5 vice presidents, recording secretary, corresponding secretary, treasurer, financial secretary, auditor, historian, and parliamentarian. These officers shall be elected annually with the exception of the corresponding secretary and the parliamentarian, who shall be appointed by the president subject to the ratification of the council.
  • Coordinators of this council shall be leadership, legislation and summer school adventure, who shall be appointed by the president subject to the approval of the council board.

SECTION 3.

  • Nominations for office shall be made by a nominating committee which shall be elected.
  • Officers shall be nominated by a nominating committee of 1 representative from each local unit, all of whom shall be members of the voting body of the council, with 1 alternate. The committee shall be elected at a council meeting at least 2 months prior to the annual election meeting. The committee shall serve until the annual election meeting. The president shall not serve ex-officio or be elected to the nominating committee. No member shall serve on the nominating committee for 2 consecutive terms. The nominating committee shall elect its own chairman.
  • Immediately upon its election the parliamentarian shall meet with the nominating committee to set the date of its first meeting. (See Article VII, Section 10.)
  • Alternates shall not attend meetings, unless an elected member cannot be present. In that event, the alternate becomes the permanent member, replacing the elected member until such time as the committee is discharged of its duties (at the time of election.)

SECTION 4.

The report of the nominating committee shall be submitted to the member units of the council at least 30 days prior to the annual election meeting. At the annual election meeting in March, additional nominations must be called for from the floor.

SECTION 5.

  • Only those persons who are eligible and who have signified their consent to serve if elected shall be nominated for or elected to office.
  • Nominees for the offices of president, treasurer, financial secretary and auditor shall not be related by blood or marriage or reside in the same household.

SECTION 6.

Election shall be held by ballot at the annual election meeting in March. If there is but one nominee for any office, the ballot for that office may be dispensed with and the election held by voice vote.

SECTION 7.

Only accredited delegates as provided in Article V, Section 2, and members of the council executive committee shall be qualified to vote at the election of council officers. No delegate shall represent more than one association, and no person shall have more than one vote.

SECTION 8.

Officers shall serve for a term of 1 year or until their successors have been elected. No officer shall be eligible to the same office for more than 2 consecutive terms, or hold more than one elected office. Officers shall assume their duties on June 1. A person who has served in an office for more than 6 months of a full term shall be deemed to have served a full term in such office.

SECTION 9.

The president-elect shall be entitled to be a delegate to the annual California State PTA Convention. One delegate from the executive committee, in addition to the president or president-elect, or alternates shall be elected annually. (See California State PTA Bylaws, Article XV - Annual Convention, Section 3c.)

SECTION 10.

The president-elect may call meetings as necessary of the officers-elect to ratify the appointments of appointed officers and chairmen to make plans for the coming year's work.

SECTION 11.

If an office remains unfilled after election, it shall be considered a vacant office to be filled by the board-elect.

SECTION 12.

A vacancy occurring in any office shall be filled for the unexpired term by a person elected by the executive committee. Election to fill a vacancy shall require a majority vote of the executive committee, with at least 10 days' previous notice. If notice is not given, the election to fill the vacancy shall require a 2/3 vote. The executive vice president or first vice president shall serve notice of the election to the executive committee in case a vacancy occurs in the office of president. (Refer to Article IX, Section 2e.)

SECTION 13.

No member shall serve concurrently in more than 1 elected or appointed council office.

SECTION 14.

Voting by proxy is prohibited.

SECTION 15.

Each officer, chairman, and appointed representative/committee member in the 33rd District must be a member of a local PTA within the area set forth in Section 1.

ARTICLE VII - DUTIES OF OFFICERS


SECTION 1.

The president shall:

  • Coordinate the work of officers and committees of the council in order that the purposes may be promoted.
  • Preside at all meetings of the council and the executive committee.
  • Be a member ex officio of all committees except the nominating committee.
  • Appoint the parliamentarian, the coordinators, the chairmen and members of committees, subject to the ratification of the council.
  • Sign all authorizations for payment/warrants with the recording secretary.
  • Be responsible for preparing the council annual report required by the California State PTA.
  • Be the official representative of the council at district meetings.
  • Have all contracts and/or legally binding documents approved by the council prior to signing a contract with along with another elected officer. (See General Operating Information (5.5.1), Finance Section, California State PTA Toolkit.)
  • Not be related by blood or marriage or reside in the same household as the other authorized signers for the council's financial accounts.
  • Perform such other duties as may be prescribed in these bylaws or assigned by the council.

SECTION 2.

The executive vice president shall:

  • Serve as the primary side to the president.
  • Perform the duties of the president in the absence or disability of that officer to act.
  • Perform such other duties as may be prescribed in these bylaws or assigned by the council.

SECTION 3.

The additional vice presidents shall act as aides to the president and executive vice president and shall, in their designated order, perform the duties of the president in the absence or disability of that officer to act.

The first vice president shall serve also as Director of Communications.
The second vice president shall serve also as Director of Organization.
The third vice president shall serve also as Director of Health.
The fourth vice president shall serve also as Director of Education.
The fifth vice president shall serve also as Director of Community Concerns.

[Additional duties of each vice president shall be placed in the Standing Rules.]

SECTION 4.

The recording secretary shall:

  • Keep an accurate record of the proceedings of all meetings of the council and executive committee in a bound book which is the legal record of the council.
  • Be prepared to refer to minutes of previous meetings.
  • Prepare a list of all unfinished business for use of the president.
  • With the president, sign all authorizations for payment/warrants authorizing the expenditure of funds following approval by the council or executive committee in accordance with these bylaws.
  • Record all expenditures in the minutes.
  • Keep a current copy of the bylaws and standing rules.
  • Perform such other duties as may be delegated to the secretary.

SECTION 5.

The corresponding secretary shall:

  • Conduct such correspondence as shall be delegated by the president, the executive committee, and the council.
  • Notify officers of their election and chairmen of their appointments.
  • Send out notices of council meetings and executive committee meetings.
  • Send all directory data from the council to the district by May 1, including but not limited to the names and addresses of unit presidents.

SECTION 6.

The treasurer 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 council, including specifically, the number of members, the dues collected from the members and the amount of dues remitted through channels to the California State PTA. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the California State PTA or, where directed by the committee on state and national relationships, by a duly authorized representative of the National PTA.
  • Receive all moneys from the financial secretary for the council, giving a receipt therefor, and deposit immediately in the name of the council in a bank approved by the executive committee.
  • Receive and retain a copy of the deposit slip for any deposit made.
  • Prepare all authorizations for payment as authorized by the executive committee or the council and secure signature of the president and recording secretary.
  • Pay all bills as authorized by the executive committee or the council and on receipt of authorizations for payment signed by the president and the recording secretary.
  • Secure 2 signatures on all checks. Any 2 of the following are authorized to sign: president, treasurer, and executive vice president. The authorized signers shall not be related by blood or marriage or reside in the same household.
  • Keep an accurate record of authorizations for payment/warrants, receipts, and disbursements in a ledger, which is a permanent record of this council. All other financial records must be retained 7 years including the current year.
  • Keep the council informed of expenditures as they relate to the budget adopted by the council.
  • Remit all district, State, and National portions of per capita dues monthly to the financial officer of the district.
  • Present a statement of account at every meeting of the council and the executive committee, and at other times when requested by the council.
  • Be responsible for filling out and forwarding all necessary report forms required by the California State PTA for insurance and for filing all tax returns and other forms required by government agencies.
  • Make an annual financial report to the council which includes gross receipts and disbursements for the year.
  • The out-going treasurer will be responsible for filing required IRS forms.
    (See Article XV - FISCAL YEAR AND IDENTIFICATION NUMBERS)
NOTE: The dishonesty bonding insurance may require additional rules to follow.

SECTION 7.

The financial secretary shall:

  • Give a receipt for all moneys received for the council and remit at once to the treasurer or deposit immediately in a bank approved by the council and give a copy of the deposit slip to the treasurer.
  • Keep an accurate record of all receipts and prepare monthly reports for filing with the treasurer's financial records for the council.
  • Present a statement of account at every meeting of the council and the executive committee and at other times when requested by the council.
  • Make an annual report to the council.
  • Perform such other duties as may be delegated to the financial secretary.

SECTION 8.

The auditor shall:

  • Audit the books and financial records of the council semiannually.
  • Prepare a mid year audit to be completed in December. The year end audit shall be completed in May.
    (NOTE: The audit at the end of a term is performed by the outgoing auditor.)
  • Present a written report to the executive committee by the end of January and June meeting.
  • Present a written report for adoption by the council at the March and September meetings.
  • Audit the books upon resignation of the treasurer or the financial secretary and at any time deemed necessary.
  • Not be related by blood or marriage or reside in the same household as the financial officers and/or authorized signers of checks.
  • If the unit has no auditor, the council auditor shall be responsible for auditing the unit books and financial records.

SECTION 9.

The historian shall:

  • Assemble and preserve a record of the activities, achievements, and volunteer hours of the council.
  • Act as custodian of records and other materials pertinent to the history of the council.
  • Assist the president with the preparation of the council's annual report required by the California State PTA.

SECTION 10.

The parliamentarian shall:

  • Attend all meetings of the council and the executive committee and give necessary advice in parliamentary procedure when requested.
  • Call the first meeting of the nominating committee, conduct election of chairman and give instructions in procedure, and may be contacted for additional information, if needed, and shall attend meetings of the nominating committee only if elected to serve as a member of the committee.
  • Chair the bylaws committee and review bylaws and standing rules annually.
  • Be entitled to all rights and privileges of membership including the right to make motions, debate, and vote.
  • Receive and review all unit bylaws within the council prior to submitting them through channels to the state parliamentarian for approval and shall keep a file of all unit bylaws within the council.

SECTION 11.

Two copies of officer's reports shall be compiled annually by all officers and filed in the procedure book for the incoming officer and with the president.

SECTION 12.

When an officer fails to attend 3 consecutive meetings without adequate excuse or when an officer is not fulfilling the responsibilities of the office as prescribed in the bylaws or standing rules, or engages in conduct which the executive committee determines to be injurious to the organization or its purposes, the executive committee may by a 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 the office following a hearing conducted in accordance with Due Process.

SECTION 13.

All officers shall perform the duties prescribed in the current edition of ROBERT'S RULES OF ORDER NEWLY REVISED in addition to those outlined in these bylaws and those assigned from time to time. Upon expiration of the term of office or in case of resignation or termination, each officer shall turn over to the president, without delay, all records, books, and other material pertaining to the office, and shall return to the treasurer, without delay, all funds belonging to the council.

ARTICLE VIII - COUNCIL MEETINGS


SECTION 1.

This council shall hold 9 meetings on the 3rd Tuesday of September, October, November, January, February, March, April, May, and June, unless otherwise ordered by the executive committee. With the exception of the annual meeting, notice of any change in time or date of regularly scheduled meetings must be given in writing to the entire at least 5 days in advance. The executive committee shall schedule the day and week for the monthly council meeting no later than the first month of the council's school year.

SECTION 2.

The annual election meeting shall be held in March. At least 30 days' prior notice of the annual election meeting must be given.

SECTION 3.

The year's proposed budget, all expenditures, programs, and projects including those specified in the budget, require approval and/or ratification by the council. All approved expenditures, programs, and projects MUST be recorded in the council minutes, the legal record for this council.

SECTION 4.

Special meetings of the council may be called by the president. The president must call a special meeting upon written request of 7 members. Special meetings must be held with 14 days of receipt of a written request. All council members must be notified of special meetings at least 7 days prior to the meeting. Only business mentioned in the notice of a special meeting can be transacted at the meeting.

SECTION 5.

  • This council shall establish a quorum for the transaction of business in any meeting of this council.
  • 13 voting members representing 8 associations shall constitute a quorum.

SECTION 6.

Council meetings are open to all members of the associations comprising the council, but the privilege of introducing motions and voting shall be limited to the voting body as outlined in Article V - VOTING BODY.

SECTION 7.

The privilege of making motions, debating, and voting shall be limited to members of the council who are present and who have been members of a local association for at least the previous 30 days.

SECTION 8.

Voting by proxy is PROHIBITED.

ARTICLE IX - EXECUTIVE COMMITTEE


SECTION 1.

There shall be an executive committee composed of all the elected and appointed officers and coordinators of the council as stated in Article VI, Section 2.

SECTION 2.

The executive committee shall:

  • Transact all necessary business and perform the duties of the council between meetings, provided the action of the executive committee shall not conflict with that of the council and shall be ratified at the next council meeting. The executive committee shall transact any other business as may be referred to it by the council.
  • Authorize the payments of other unbudgeted council bills not to exceed a cumulative total of $750. between meetings of the council. Ratification of payment of these bills must occur at the next council meeting and must be recorded in the council minutes. (See Authorizing Expenditure (5.2.4), Finance Section, California State PTA Toolkit.)
  • Present a report at meetings of the council.

SECTION 3.

The executive committee shall meet at least once a month during the school year, unless otherwise ordered by the executive committee. The day and week for the executive committee meetings shall be set no later than the end of the first month of the council's school year.

SECTION 4.

Special meetings of the executive committee may be called by the president. The president must call a special meeting upon the written request of 5. Special meetings must be held within 14 days of receipt of a written request. All executive committee members must be notified of special meetings at least 7 days prior to the meeting. Only business mentioned in the notice of a special meeting can be transacted at the meeting.

SECTION 5.

  • The council shall establish a quorum for the transaction of business in any meeting of this executive committee.
  • 7 members shall constitute a quorum for the transaction of business in any meeting of the executive committee.

SECTION 6.

Voting by proxy is PROHIBITED.

ARTICLE X - COMMITTEES


SECTION 1.

There shall be such committees created by the council as may be required to carry on the work of the council, the THIRTY-THIRD PTA District, the California State PTA, and the National PTA. The quorum for a committee meeting shall be a majority of its members.

SECTION 2.

Chairmen and members of committees, all of whom shall be members of local associations in this council, shall be appointed by the president subject to the ratification of the council.

SECTION 3.

The term of office for committee chairmen shall be one year or until successors have been appointed.

SECTION 4.

The chairmen shall present plans of work to the council for approval. No work shall be undertaken without the consent of the council.

SECTION 5.

Two copies of chairman's reports shall be compiled annually by all chairmen and filed in the procedure book for the committee and with the president.

SECTION 6.

When a chairman fails to attend three consecutive meetings without adequate excuse or when a chairman is not fulfilling the responsibilities of the office as prescribed in the bylaws or standing rules, or engages in conduct which the executive board determines to be injurious to the organization or its purposes, the executive board may by a 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 following a hearing conducted in accordance with Due Process. (See Article VII, Section 12)

SECTION 7.

Each chairman, upon expiration of his term of office or in case of resignation or termination, shall turn over to his successor, 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 council.

SECTION 8.

The Council has the power to create special committees in order to carry out specific programs and projects.

SECTION 9.

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

ARTICLE XI - CHARTER PROCEDURE
FOR LOCAL PTAs IN THIS COUNCIL


SECTION 1.

Local PTAs shall be organized and chartered under the authority of the California State PTA in the area in which this PTA/PTSA functions, in conformity with such rules and regulations, not in conflict with the National PTA Bylaws, as the California State PTA may in its bylaws prescribe. The California State PTA shall issue to this PTA/PTSA an appropriate charter evidencing the due organization and good standing of this PTA/PTSA.

A local PTA/PTSA in good standing is one which:

  • Adheres to the purposes and basic policies of the PTA;
  • Remits the national portion of the dues through the California State PTA to reach the national office by dates designated by the National PTA;
  • Has bylaws approved according to the procedures of the California State PTA; and
  • Meets other criteria as may be prescribed by the California State PTA.

SECTION 2.

A local PTA/PTSA in good standing in California is one which also:

  • Pays dues to and actively supports all branches of the National and California State PTA;
  • Pays insurance premiums to the California State PTA, and;
  • Is composed of not less than 15 members of whom at least 3 shall serve in the offices of president, secretary, and treasurer, respectively.

SECTION 3.

A local PTA/PTSA shall receive a charter as a constituent organization of the National PTA:

  • After its bylaws have been approved by the California State PTA parliamentarian;
  • After the California State PTA office has received the "Application for Acceptance As A Unit of the California State PTA" with the charter membership dues;
  • After an application for an Employer Identification Number (EIN) as a "subordinate" (constituent organization) (exempt letter dated November 18, 1943) under the name, "PTA California Congress of Parents, Teachers, and Students, Inc." has been submitted to the Internal Revenue Service; and
  • Upon a majority vote of the California State PTA Board of Managers.

SECTION 4.

The charter of a local PTA/PTSA shall be subject to withdrawal and the status of such organization as a PTA/PTSA unit shall be subject to termination, in the manner and under the circumstances provided in the bylaws of the California State PTA.

SECTION 5.

A local PTA/PTSA is obligated, upon withdrawal of its charter by the California State PTA;

  • To yield up and surrender all of its books and records and all of its assets and property to the California State PTA or to another PTA or PTSA organized under the authority of the California State PTA;
  • To cease and desist from further use of any name that implies or connotes association with the National PTA or the California State PTA, or status as a constituent organization of the National PTA; and
  • To carry out promptly, under the supervision and direction for the California State PTA, all proceedings necessary or desirable for the purpose of dissolving this PTA/PTSA.

SECTION 6.

Upon withdrawal of a PTA's/PTSA's charter, the California State PTA shall have the right to collect and transfer any funds, including funds deposited by the PTA/PTSA with a financial institution, over which the PTA/PTSA or its officers have or had signature authority or control. (See Changes in Association Status (1.2.2), "Charter Withdrawal," PTA Basics Section, California State PTA Toolkit.)

SECTION 7.

Each local PTA/PTSA is legally obligated, upon withdrawal of its charter by the California State PTA, to cease and desist from any further use of the unit' Internal Revenue Service Employee Identification Number (EIN).

SECTION 8.

THE COUNCIL AND DISTRICT SHALL BE CONSULTED AT LEAST 60 DAYS PRIOR TO ANY VOTE BEING TAKEN TO DISBAND a PTA/PTSA within this council's boundaries. (See Changes in Association Status (1.2.2), "Charter Withdrawal," PTA Basics Section, California State PTA Toolkit.)

ARTICLE XII - RELATIONSHIP WITH NATIONAL PTA,
CALIFORNIA STATE PTA AND THIRTY-THIRD DISTRICT PTA


SECTION 1.

This council is a constituent organization of the National PTA. It is organized under the authority of the California State PTA as empowered by the bylaws of the National PTA.

SECTION 2.

This council upon its organization shall submit a copy of its bylaws to the California State PTA parliamentarian for approval.

An application for an Employer Identification Number (EIN) as a "subordinate" (constituent organization) (exempt letter dated November 18, 1943) under the name "PTA California Congress of Parents, Teachers, and Students, Inc.," shall be submitted to the Internal Revenue Service by the district.

SECTION 3.

The bylaws of this council shall not be in conflict with the bylaws of the National PTA or those of the California State PTA.

SECTION 4.

This council shall include in its bylaws provisions corresponding to the provisions of the bylaws of the California State PTA as are identified by a triple (3) star.

SECTION 5.

This council shall include in its bylaw as provisions corresponding of the bylaws of Thirty-Third District PTA as are identified by a quadruple (4) star.

SECTION 6.

The California State PTA Toolkit published by the California State PTA contains policy statements of the PTA not found in the bylaws or standing rules. As a recognized council of the California State PTA, this council is obligated to follow those policy statements.

SECTION 7.

This council shall be subject to termination, in the manner and under the circumstances provided by the California State PTA.

SECTION 8.

A council in good standing is one which complies with National PTA bylaws and California State PTA guideline including:

  • Adheres to the purposes and basic policies of the PTA;
  • Adheres to the California State PTA policies and bylaws;
  • Has bylaws approved according to the procedures of the California State PTA;
  • Has a minimum of 3 local associations as council member;
  • Has at least 3 elected officers: president, secretary, and treasurer;
  • Forwards the national and state portion of per capita dues to the California State PTA by the deadline date;
  • Pays insurance premiums to the California State PTA;
  • Forwards all insurance premiums received from units by the deadline date; and
  • Files all required state and federal tax forms;
  • Submits the names and addresses of unit and council officers to the district PTA according to established procedures and deadline dates; and
  • Meets other criteria as may be prescribed by the California State PTA.

SECTION 9.

A council not in good standing shall be notified in writing by April 30. If the council is still not in good standing by July 1, its recognition shall be withdrawn in accordance with procedures established by the California State PTA Board of Managers.

SECTION 10.

This council is obligated, upon withdrawal of recognition by the California State PTA:

  • To yield up and surrender all of its books and records and all of its assets and property to the California State PTA or to such agency as may be designated by the California State PTA, to be held for the benefit of another constituent organization established by the California State PTA;
  • To cease and desist from further use of any name that implies or connotes association with the National PTA or the California State PTA or status as a constituent organization of the National PTA; and
  • To carry out promptly, under the supervision of the California State PTA, all proceedings necessary or desirable for the purpose of dissolving such council.

SECTION 11.

This council is legally obligated upon withdrawal of recognition by the California state PTA, to cease and desist from any further use of the council's Internal Revenue Service Employer Identification Number (EIN).

ARTICLE XIII - ARTICLES OF ORGANIZATION

The "articles of organization" of this council comprise these bylaws, as from time to time amended, and the "articles of association," if any. In the absence of separate articles of association, these bylaws shall be deemed to be the articles of association. In the event of any conflict between these bylaws and the articles of association, these bylaws shall govern.

ARTICLE XIV - FISCAL YEAR AND IDENTIFICATION NUMBERS


SECTION 1.

The fiscal year of this council shall begin March 1 and end the last day of February. Unit and council annual financial reports are based on these dates. (This fiscal year has been established by the membership of the Thirty-Third District PTA and is on file with the Internal Revenue Service. It cannot be changed without a vote of the Thirty-Third District PTA membership.)

SECTION 2.

Projects which involve major financial obligations, other than necessary organizational expenses, shall be approved annually or by each new administration.

SECTION 3.

This council shall not assume any financial obligation in any one term of office that will be carried over into the succeeding term. (See Approving the Budget (5.2.3), Finance Section, California State PTA Toolkit.)

SECTION 4.

The Internal Revenue Service Employer Identification Number (EIN) for this council is 95-4109858.

SECTION 5.

The California State PTA Council Record number for this council is 2637.7.

SECTION 6.

The Registry of Charitable Trust number is 110426.

ARTICLE XV - PARLIAMENTARY AUTHORITY

The rules contained in the current edition of ROBERT'S RULES OF ORDER NEWLY REVISED shall govern the National PTA and this council in all cases in which they are applicable and in which they are not in conflict with these bylaws, those of the California State PTA, the National PTA, the articles of incorporation and the California Non Profit Corporation Law.

ARTICLE XVI - AMENDMENTS


SECTION 1.

Before adoption, all proposed amendments accompanied by the bylaws shall be submitted through channels to the California State PTA parliamentarian for approval. They also shall be approved by the California State PTA parliamentarian when there is a change of status (e.g., when combining or dividing the council.)

SECTION 2.

After the California State PTA parliamentarian has approved and signed amended bylaws, the process of adoption must be completed. These bylaws may be amended by a 2/3 affirmative vote at any meeting of the council, provided notice has been given at the previous meeting OR 30 days' written notice has been given to each member PTA/PTSA and to each member of the executive board.

SECTION 3.

The adoption of an amendment to any provision of the bylaws of the California state PTA identified by a triple star shall serve automatically and without the requirement of further action by this council to amend correspondingly the bylaws of this council. Notwithstanding the automatic character of the amending process, this council shall promptly incorporate such amendments in its bylaws.

SECTION 4.

The adoption of an amendment to any provision of the bylaws of Thirty-Third District PTA identified by a quadruple star shall serve automatically and without the requirement of further action by this council to amend correspondingly the bylaws of this council. Notwithstanding the automatic character of the amending process, this council shall promptly incorporate such amendments in its bylaws.

SANTA MONICA-MALIBU COUNCIL PARENT TEACHER ASSOCIATION
STANDING RULES

  1. At the beginning of a new term of office, each member of the executive committee shall be given a copy of the bylaws, standing rules and their procedure book and shall be responsible for making a thorough study of them.
  2. The Toolkit published by the California State PTA contains policy statements of the PTA not found in these bylaws and standing rules and should be referred to for specific issues. Appropriate sections of the Toolkit should be in ALL procedure books.
  3. The units in this council shall include: John Adams Middle School PTSA, Juan Cabrillo Elementary School PTA, Edison Elementary School PTA, Franklin Elementary School PTA, Grant Elementary School PTA, Lincoln Middle school PTSA, Malibu High School PTSA, McKinley Elementary School PTA, John Muir Elementary School PTA, Point Dume Elementary School PTA, Will Rogers Elementary School PTA, Roosevelt Elementary School PTA, Santa Monica Alternative School House PTSA, Santa Monica High School PTSA, and Webster Elementary School PTA.
  4. The membership list/directory of this council shall be for the exclusive use of the organization and shall not be available for distribution or purchase by any other organization or commercial entity.

I. MEETINGS

  1. COUNCIL MEETINGS
    • The president or designee shall prepare sign-in sheets for council meetings, noting when a quorum is reached. Sign-in sheets shall be given to the recording secretary at the end of each meeting and the names printed in the permanent minutes. Excused absences will only be authorized by the president and reflected in the minutes.
    • The president, subject to ratification of the council, may appoint an assistant to any chairman, director, or coordinator. Such assistant will have full voting rights as an executive committee member.
  2. JUNE MEETINGS
    • A council emergency committee shall be named at the June Meeting. This committee shall be composed of officers and coordinators and shall be empowered to act for the council during the summer months. All action taken by this committee requires a majority vote and must be ratified at the first council meeting of the school year.
    • A committee of 5 shall be appointed to read and approve the minutes of the June council meeting and shall serve as the emergency committee.
    • The annual council calendar and proposed budget shall be presented and approved.
  3. The executive committee shall meet the 1st Tuesday from September through June. These meetings shall be referred to as executive committee meetings.
  4. Courtesy seats shall be extended to ALL guests at ALL meetings without voting debating privileges.
  5. ALL printed material must be approved by the president before distribution.
  6. Each vice president shall be responsible for the chairmen in his/her department. The vice president shall approve ALL material distributed by his/her chairmen before the approval of the president.
  7. Unit presidents shall meet with or communicate with the council president or executive vice president.
  8. Council shall hold an annual event in may to install officers, recognize units, and present Honorary Service Awards.
  9. All reservations for district and state conferences and conventions shall be made through council.

II. ELECTIONS AND VOTING

  1. Each unit shall send one copy of its membership list to the parliamentarian by the January Council meeting.
  2. Delegates to the council nominating committee shall be elected by their units and their names submitted to Council prior to the January council meeting. It shall be the responsibility of the Unit Presidents to ensure that an elected member represents their unit on the nominating committee.
  3. At the January council meeting, straw ballots for suggestions to the nominating committee shall be distributed by the parliamentarian.
  4. The nominating committee shall meet by the first week in February.
  5. Elections are to be held by ballot. If there is but one candidate nominated for any office, the ballot for that office may be dispensed with and election held by voice vote. For ballot voting, the following procedures shall be used:
    • The parliamentarian shall distribute ballots to voting delegates for each officer to be elected by ballot.
    • Three tellers shall be appointed by the president to count the ballots. The results shall be read before the next ballot is taken or elections completed.

III. DEPARTMENTS, DIRECTORS, AND COORDINATORS

  1. The PRESIDENT shall appoint and direct the following coordinators: leadership, legislation, and summer school.
  2. The EXECUTIVE VICE PRESIDENT - AIDE TO THE PRESIDENT shall direct the following:
    Membership Outreach, Latino Liaison, African-American Liaison, Ed. Foundation Liaison, City Council Liaison, and Student Government Liaison. In addition, the executive vice president shall be a member of the budget committee.
  3. The FIRST VICE PRESIDENT - DIRECTOR OF COMMUNICATION shall direct the following chairmen and liaisons:
    Nuts & Bolts, job training and procedure books, and shall complete directory information required by council, 33rd District and school district directories and submit the same by May 1st. Shall also serve as State PTA convention coordinator and as a member of the budget committee.
  4. The SECOND VICE PRESIDENT - DIRECTOR OF ORGANIZATION shall direct the following chairmen: membership, hospitality, exhibits, and the event chairs for the Holiday Breakfast and Installation and Honorary Service Awards.
  5. The THIRD VICE PRESIDENT - DIRECTOR OF HEALTH AND SAFETY shall direct the following chairmen and liaisons: child care, child and family health, safety, substance abuse, child abuse prevention and juvenile protection. In addition, shall coordinate recognition for district nurses.
  6. The FOURTH VICE PRESIDENT - DIRECTOR OF EDUCATION shall direct the following chairmen and liaisons: parent education, literacy, libraries, Reflections, technology, special education/accessibility and GATE.
  7. The FIFTH VICE PRESIDENT - DIRECTOR OF COMMUNITY CONCERNS shall direct the following chairmen and liaisons: environment, disaster preparedness, and chamber of commerce for Santa Monica and Malibu, and report on city related issues for Santa Monica and Malibu.
  8. The TREASURER shall be DIRECTOR OF FINANCE, coordinator of summer school accounting, and chair the budget committee.
  9. The LEADERSHIP COORDINATOR shall provide leadership training for Unit Presidents.
  10. The LEGISLATION COORDINATOR shall coordinate monthly meetings of all unit legislation chairs.
  11. Council officers and chairmen shall be responsible for conducting workshops for local units under the direction of the council leadership coordinator.
  12. Each vice president shall be responsible for compiling the written reports from their department chairmen and preparing an annual written narrative report of activities of the departments which shall be filed in the officers' procedure book. These books shall be turned in to the first vice president by May 1.
  13. The council historian shall assemble the Annual Unit Historians' Reports from each unit and write the Council Annual Historian's Report.
  14. Quarterly reports are due from ALL Unit Presidents.
  15. Each officer and/or chairman, who is a participant in a special meeting or conference, with expenses paid, must prepare a written and oral report for presentation at the next council meeting.
  16. The CORRESPONDING SECRETARY shall notify all members of the executive committee one week prior to the next executive council meeting and all members of the council one week prior to the next council meeting.

IV. BUDGET & FINANCE

  1. There shall be a budget committee consisting of the incoming and outgoing presidents, treasurers, executive vice presidents, first vice presidents, financial secretaries and auditors.
  2. There shall be one other officer of the executive committee authorized to sign checks; the selection of whom will be based on the proximity of said officer's residence to that of the treasurer.
  3. Provisions shall be made in the budget for sending the incoming president and executive vice president to the annual State PTA Convention. They shall each submit an expense statement and/or receipts to the treasurer upon return.
  4. Provisions shall be made in the budget for sending the council legislation coordinator and the president to Sacramento Safari.
  5. The budget chairmen shall render an oral report on the state of the budget at the January meeting.
  6. Council shall provide each Officer and Coordinator with the Crescent Courier and the State PTA newsletter.
  7. A Grant in Aid fund of $500 shall be maintained by council for SMMUSD children in need.
  8. Council shall provide newly formed units with a president's pin.
  9. A scholarship shall be awarded to 2 graduating Santa Monica High Shool students for $250. each, according to council criteria.
  10. A scholarship shall be awarded to 1 graduating Malibu High School student for $250 according to council criteria.
  11. A Grad Nite contribution of $600 shall be awarded to Santa Monica High School.
  12. A Grad Nite contribution of $300 shall be awarded to Malibu High School.

V. ANNUAL EVENT (AWARDS AND INSTALLATION)

  1. ALL reservations must be made or canceled by units with the reservation chairman. Each unit or individual shall be held responsible for their uncanceled reservations.
  2. Council will pay fo rthe following guests at the Annual Event: invited program participants, district and state presidents or representatives, incoming and outgoing council presidents, the superintendent or representative, SEIU representative, SMMCTA representative, president of the Board of Education, and current council Honorary Service Award recipients. Special guests will be determined by the elected officers.

VI. OFFICE PROCEDURES AND SUPPLIES

  1. A rent-free office shall be maintained at the Board of Education and shall be locked when not in use.
  2. The president or designee shall be responsible for the office procedures and supplies.
  3. The following council-owned equipment and supplies are to be kept in the office:
    • Gateway computer, printer, and modem. Serial #0007427183
    • 2 electric coffee pots
    • Hospitality Supplies
    • Video Library and PTA reference materials

VII. SUMMER SCHOOL PROGRAM

  1. Council shall sponsor a Summer School Program for students to be held at the close of the school year at 2 school sites - one in Santa Monica and one in Malibu. The organizational responsibilities and proceeds will be shared with the Santa Monica-Malibu Education Foundation.
  2. The president, with approval of the officers, shall hire the principals.
  3. The president, principals, and PTA coordinator shall hire all other personnel.
  4. The president, with approval of the officers and principals, shall have the authority to terminate personnel as necessary.
  5. The budget committee shall consist of the president, PTA coordinator, financial officers, and principals. They shall meet no later than January to establish a budget which shall be presented for ratificaion at the annual meeting in March.
  6. Warrants for the Summer School Program shall be authorized by the principal for each suite and the summer school coordinator and signed by the council president and recording secretary.
  7. All checks must have 2 signatures with 2 of the following authorized to sign: president, treasurer, or executive vice president.


Santa Monica-Malibu Unified School District
33rd District PTA                         California State PTA                        National Congress of Parents and Teachers