Approved 5/10/19
Kaneland McDole Elementary Parent/Teacher Organization Bylaws
ARTICLE I: Name
This organization shall be named Kaneland McDole Parent/Teacher Organization, who shall be referred to as KME‐PTO throughout the remainder of this document. PTO is our Parent/Teacher Organization.
ARTICLE II: Objectives
Through the combined efforts of parents, students, faculty and administration, the objectives of the KME‐PTO is to enhance our children’s educational environment by encouraging a sense of support, pride and enthusiasm. In conjunction, the KME‐PTO will strive to provide an environment and resources that will help stimulate the growth of our children and maintain the highest advantages in mental, physical and social education. The KME‐PTO will accomplish these goals through the efforts of fundraising and by providing communication between school and home.
ARTICLE III: Policies
Section 1: The KME‐PTO shall be non‐commercial, non‐sectarian, and not‐for‐profit. It shall not endorse a commercial enterprise or a political candidate.
Section 2: The name of the KME‐PTO and the names of its officers in their official capacities shall not be used in connection with a commercial concern, with any partisan interest, or for any purpose other than the objectives of the KME‐PTO.
Section 3: The KME‐PTO shall not seek to direct the administrative activities of the school, the School Board or their policies.
Section 4: This organization is organized exclusively for educational purposes under section 501(c) (3) of the Internal Revenue Code.
Section 5: No part of the net earnings of this organization shall inure to the benefit of, or be distributed to, it’s members, 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 distribution in furtherance of the purposes set forth in the objective clause hereof. No substantial part of the activities of this organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and this organization shall not participate in, or intervene in (including publishing or distributing of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provisions of this document, this organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal Income Tax under section 501(c) (3) of the Internal Revenue Code or corresponding section of any future federal tax code, or (b) by an organization, contributions to which are deductible under section 170(c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
Section 6: Upon dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501 (c) (3) of the Internal Revenue Code or corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose.
ARTICLE IV: Membership and Dues
Section 1: Qualifications and Dues: All parents/legal guardians, administration, faculty and staff of Kaneland McDole Elementary are PTO members with voting rights. There will be no fees or dues collected by KME‐PTO.
Section 2: Property Rights: No member will have any title or interest in any of the property or assets, including earnings or income of this organization, nor will any other the property or assets be distributed to any member on its dissolution.
Section 3: Liability of Members: No member of this organization will be personally liable for any of its debts, liabilities, or obligations, nor will any member be subject to assessment.
ARTICLE V: Umbrella Organization
Meeting time and agendas will be set accordingly. An Executive Board Member may call special meetings at any time.
ARTICLE VI: Executive Board
Section 1: The Executive Board, also known as Board of Directors, shall consist of the PTO officers.
Section 2: The Executive Board shall transact necessary business between regular meetings, oversee use of the funds raised for the school and fill vacancies in the elective and appointed positions. Executive Board shall set a tentative budget for the subsequent school year to be voted on in the First Quarter of the new fiscal year.
ARTICLE VII: Officers and Elections
Section 1: The officers will consist of a President (or Co‐Presidents if deemed necessary), Vice‐President, Secretary and Treasurer (or co‐treasurer if deemed necessary).
Section 2: The officers shall be elected by the PTO members to serve a 1 year term. To become eligible for the elected position of PTO President or Vice‐President you must be an active PTO member and have attended at least fifty (50%) of the monthly meetings.
Section 3: The Executive Board shall fill any vacancies between elections in any Executive Office via appointment of a PTO Member by the affirmative vote of the majority of the entire Executive Board.
Section 4: Elections will be help by ballot in April. Newly elected officers shall assume their duties at the end of the calendar school year with the exception of the Treasurer who will assume his/her duties on June 15th or at the time the books are reconciled with the May bank statement, whichever comes first.
ARTICLE VIII: Duties of the Executive Board
Section 1: The President shall preside over all KME‐PTO and Executive Board meetings. The President may appoint special committees as deemed necessary throughout the school year with the Executive Board’s approval. Emergency financial decisions (not to exceed $500) prior to a board meeting must be approved with the consensus of the Executive Board. In addition, the President will complete monthly information for the PTO newsletter. In the case of Co‐Presidents, the Co‐Presidents shall be of equal control. The Co‐Presidents shall distribute their duties between them in a manner that works best for the benefit of the KME‐PTO.
Section 2: The Vice‐President shall preside over all KME‐PTO and Executive Board meetings in the absence of the President. In addition, the Vice‐President shall take accurate minutes in the absence of the Secretary.
Section 3: The Secretary shall keep accurate minutes of all KME‐PTO and Executive Board meetings and will be responsible for taking nominations during election season. The Secretary shall distribute the KME‐PTO minutes to all active board members at least one week prior to the next KME‐PTO meeting with the exception of the May minutes, which must be distributed before the last day of school. The Secretary shall read the minutes or motion to waive the reading at the beginning of each meeting. The Secretary shall maintain the Bylaws and have them available at each meeting.
Section 4: The Treasurer shall be responsible for the deposit of all KME‐PTO monies within 5 business days of receipt and keep accurate records of the receipts and expenditures, including a ledger listing checks, deposits, fees, and interest for each budgeted account. The Treasurer shall pay out any funds authorized by the KME‐PTO Executive Board as indicated in Article VII of these Bylaws. Blank checks will not be issued without prior KME‐PTO Executive Board approval. The Treasurer shall present monthly at each KME‐PTO meeting an accurate itemized report from accounts reconciled monthly. The Treasurer shall present the books for audit in a timely fashion prior to the filing of year‐end taxes. In addition, a member of the board shall review quarterly, the work of the Treasurer to ensure that checks and deposits are being appropriately written and match the amount and item indicated in the appropriate account or fund.
Section 5: KME‐PTO Executive Board members may be terminated for failing to uphold the duties and ethics of their office or other extenuating circumstances, which may bring discredit or show negatively on the PTO, the school, or the district. An officer may be removed only by the affirmative vote of the majority of the entire Executive Board.
ARTICLE IX: KME‐PTO Members
Section 1: A majority vote is required of the members present to carry a motion. Each present member is entitled to one vote and absentee ballots will be accepted.
Section 2: A committee chairperson or volunteer member found in violation of the Bylaws or Volunteer Code of Conduct (separate document) may be removed by the affirmative vote of the majority of the entire Executive Board.
ARTICLE X: Committees
The structure and formation of Committees will vary and be based upon the budget.
ARTICLE XI: Management
Section 1: KME‐PTO Executive Board shall meet as deemed necessary. These meetings shall remain open to the public with the Executive Board having all voting rights.
Section 2: KME‐PTO meeting times and agendas shall be set accordingly. Special meetings shall be called at any time by the President or at the request of any Executive Board member with no less than three (3) days’ notice.
Section 3: KME‐PTO Executive Board shall meet in the summer to set a budget and to discuss Bylaws, committees and events for the fiscal year.
Section 4: The Executive Board had the ability to make minor decisions prior to a meeting excluding monetary or budgetary items. In order to avoid any appearance of bias, the Principal(s) will not be involved in said decisions. The decision of the Executive Board must be unanimous. All such decisions will be reported at the next scheduled KME‐PTO meeting for proper recording in the minutes.
Section 5: Reimbursement request forms accompanied with receipt or receipts must be submitted to the Treasurer. Expenditure items shall be listed and approved by an Executive Board member. If the Treasurer has expenditures, an officer other than the Treasurer shall sign the approval. Tax‐exempt forms must be used for KME‐PTO purchases. Sales tax will not be reimbursed to any committee member or board member by the KME‐PTO. All receipts must be submitted within 14 days after the last official day of school prior to release of reimbursement.
Section 6: All items purchased with KME‐PTO funds must be stored in the designated area at the school.
Section 7: Committees shall submit reports to the KME‐PTO President prior to and after their scheduled events and provide information to the KME‐PTO President for editing the newsletter monthly publication.
Section 8: KME‐PTO shall file all financial reports with Federal, State and local government agencies as follows: with the fiscal year August 1st‐July 31st KME‐PTO must file Federal and State 990 forms by December 15th. In addition, an annual State report (with filing fee) and Federal 1099 forms (for non‐individual given $600 or more) are to be filed in January. Originals of all State and Federal filings, as well as tax certificates and other legal documents shall be maintained in Kaneland McDole Elementary School.
Section 9: KME‐PTO will abide by the Bylaws set forth and any issues not stated within said Bylaws shall be executed according to Roberts Rules of Order, including any published revisions of those rules.
Section 10: The checking and savings accounts of the KME‐PTO require that both the President and Treasurer are signers. All other Executive Board members may be signers on the KME‐PTO checking and savings accounts.
ARTICLE XII: Contracts, Checks, Deposits and Funds
Section 1: Contracts: The Executive Board may authorize any officer or officers, agent or agents of the corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or to execute and deliver any instrument in the name of and on behalf of the corporation. This authority may be general, or confined for specific instances. The authorization should be passed by resolution.
Section 2: Gifts and Contributions: The Executive Board may:
(a) Accept on the behalf of the corporation any contributions, gift, bequest, or devise of any type of property (“donation”), for the general and special charitable purposes of the corporation, on terms approved by the Executive Board or committee.
(b) Collect and receive the income from funds or property.
(c) Devote the principle and income from donations to charitable purposes designated by the Board.
Section 3: Deposits: All funds of the corporation must be deposited to the credit of the corporation in banks or other depositaries selected by the Executive Board.
Section 4: Checks, Drafts, and Orders of Payment: All checks, drafts and orders for payment of money, notes or other evidences of indebtedness issued in the name of the corporation will be signed by the officer or officers, agent or agents of the corporation and in the manner determined by resolution of the Executive Board. All expenditures exceeding $500 must be approved by a vote of all members at a meeting of the KME‐PTO.
Section 5: Collecting Funds: All methods of fund collection for KME‐PTO events or sales must be approved by the Executive Board and include an audit trail. When counting money following a fundraising event, at least two (2) people must be present, one (1) must be a board member, unless other arrangements are made by the Executive Board.
Section 6: Fees: Any returned checks will incur a $10 return fee. The first occurrence of an NSF check being written would be “forgiven”, and check‐writing privileges would not be revoked until the second occurrence.
ARTICLE XIII: Adoption of Bylaws
Section 1: Bylaws may be amended at any Executive Board meeting with a majority vote.
Section 2: These Bylaws, as written above, have been adopted by the Executive Board on August 3, 2005. All changes to original Bylaws are captured in the Change Log.
ARTICLE XIV: Bylaws Change Log
ARTICLE VII: Officers and Elections; Section 3: Addition of appointment language. Changed 4/16/19.
ARTICLE VIII: Duties of the Executive Board; Section 4: Change of required time for deposits. Changed 4/16/19.
ARTICLE VIII: Duties of the Executive Board; Section 5: New section regarding termination of Executive Board members. Changed 4/16/19.
ARTICLE IX: KME‐PTO Members; Section 2: New section regarding termination committee chairpersons or volunteer members. Changed 4/16/19.
ARTICLE XI: Management; Section 5: Section added back in after erroneous removal during last version. Change of submission timeline for receipts. Changed 4/16/19.
ARTICLE XI: Management; Section 10: Changed requirements for Board Members as account signers. Removed requirement of two signatures. Changed 4/16/19.
ARTICLE XII: Contracts, Checks, Deposits and Funds; Section 4: Removed specific title counter signature requirements. Changed 4/16/19.
ARTICLE XII: Contracts, Checks, Deposits and Funds; Section 5: Collecting Funds: Added fund collection requirements. Changed 4/16/19.
ARTICLE XII: Contracts, Checks, Deposits and Funds; Section 6: Updated check return fee. Changed 4/16/19.
Check return fee reduced from $15 to $10. Changed 12/8/09.
Check return fee changed from $25 to $15. Changed 12/17/08.
PTO Check Bouncing Policy: First occurrence of an NSF check being written would be “forgiven”, and check‐writing privileges would not be revoked until the second occurrence. Changed 12/17/08.
