REVISED 7/2020; APPROVED 8/2020
ARTICLE I. Name
Section 1.01: The name of this organization is the Marek Elementary Parent Teacher Organization, hereinafter referred to as the PTO. Mary Burks Marek Elementary School, hereinafter referred to as Marek School, is in the Alvin Independent School District, Shadow Creek Ranch, Pearland, Texas.
ARTICLE II. Definition and Purpose
Section 2.01: The PTO is a volunteer organization of parents/guardians and teachers and is
organized exclusively for charitable and educational purposes under Section 501(c) (3) of the Internal Revenue Code, or corresponding section of any future federal tax code. In addition to being not for profit, the organization shall be noncommercial and nonpartisan. The purpose of the PTO is to assist with and enhance school activities by providing volunteers, raising monies and organizing approved extracurricular activities and events.
ARTICLE III. Policies
Section 3.01: The purpose of this organization is educational and shall be developed through
general and executive board meetings, committees, and projects. The PTO shall in no way attempt to direct the administrative work of the school.
Section 3.02: The name of this organization and/or the names of any members in their official
capacities shall not be used in any connection with a commercial concern, with any partisan interest, or with any charitable organization for any purpose not related to promotions of the objectives for this PTO.
Section 3.03: This organization shall not contribute financially to any other organization without the approval of the Executive Board.
Section 3.04: Upon the dissolution of this organization, assets shall be distributed directly to Mary Burks Marek Elementary School, as long as it is exempt under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or, in the event Mary Burks Marek Elementary School is not exempt at the time of the 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.
Section 3.05: The Executive Board shall adopt an ethics and conflict of interest agreement to protect the organization’s interests. This ethics and conflict of interest agreement will be signed annually by each elected officer and shall be subject to periodic review.
Section 3.06 The PTO will help support parents, teachers, and school administrators in order to facilitate student learning according to the platform that is approved by the district. This would include virtual education and distance learning education, as well as the traditional in-school platform.
Section 3.07 The PTO has agreed to be a community sponsor of non-profit organizations. This sponsorship will be reviewed and approved by the executive board every two years. The sponsorship is limited to two organizations per academic year, but may be expanded at the discretion and vote of the executive board.
ARTICLE IV. Membership and Voting Rights
Section 4.01: The membership of this organization is open to any parent/guardian of a child or
children enrolled at Mary Burks Marek Elementary School. Membership also includes any teacher of Mary Burks Marek Elementary School along with the Principal, Vice Principal or administrator of Mary Burks Marek Elementary School.
Section 4.02: Annual dues shall be determined by the PTO Board, not to exceed a maximum of $25 per family. Due dates for enrollment will be presented at the beginning of the year as determined by the board of directors. Annual dues shall be waived for any family who qualifies for the free or reduced lunch program. Only members who are registered and paid will receive voting privileges.
Section 4.03: Each member present shall be entitled to one vote on each matter submitted to a vote of the membership, if present at the meeting at which such vote is taken. Votes may also be taken on each matter submitted to a vote via electronic poll, including social media, to all current members of the PTO.
ARTICLE V. Meetings
Section 5.01: Meetings of general membership of the organization shall be held as necessary to conduct business with a minimum of at least two meetings a year, whether virtual or in-person, based on subject or situation. The exact date of such meetings shall be specified by the Executive Board. The End-of-Year general meeting shall be known as an Annual meeting. Written notice of all meetings shall be issued to the staff of Mary Burks Marek Elementary School and to all students to be delivered to their parents/guardians via flyers sent home with the students and/or electronically.
Section 5.02: Special meetings of the membership may be called by the President, the Principal, and/or the Executive Board or by not less than one-tenth of the membership when a written request is presented to the Executive Board. No official PTO business can be transacted at special meetings except that for which the meeting was called.
Section 5.03: Executive Board (elected officers) meetings shall be held at best effort once monthly to conduct business pertaining to the general operation of the PTO. All officers present at the meetings have one vote per person on issues brought before the Board. Actions shall be agreed upon by a majority vote of the Board members present. Board members unable to attend meetings may submit a proxy vote through the President or Vice President which shall be executed on their behalf. Any member not present and not submitting a proxy vote will be on record as abstaining from the vote. In the event of a tie vote, the President will have the tie-breaking vote. Any action or program involving the school must have approval of the Principal. Any major activity, program, or large expenditure of greater than $10,000 must be presented to the general membership for a vote of understanding. The final approval of expenses is at the discretion of the PTO Board.
ARTICLE VI. Officers and their Election
Section 6.01: The officers of the organization shall be elected annually from the membership, shall serve without compensation, and shall consist of President, Vice President, Treasurer, Secretary, and At-large Staff Liaisons (2). The officers shall be the Executive Board-and shall be members of the organization in good standing.
- Officers shall assume their official duties July 1 and shall serve for a term of at least one year and/or until their successors are installed.
- No President, Vice President, Secretary, At-large Staff Liaison or Committee Lead shall serve in the same capacity for more than two (2) consecutive terms. Vacancies during the year shall be filled by special elections at the next general meeting.
- Due to the nature of the position, complexity of financial records, accounting, and tax purposes, the position of Treasurer will require additional vetting and approval by the Executive Board. This position is exempt for the time limitations help by other offices.
- The office of President must be held by someone who has at least one year experience on the Executive Board or has actively participated in PTO events and planning.
- The office of Vice President must be held by someone who has volunteered at least twice for PTO events during the year he/she is elected.
Section 6.02: PTO Members interested in one of the officer positions will be required to fill out a designated form to place their name on the voting ballot. Nominations from the floor will be accepted as a write in on the ballot. If there is only one candidate for any office, the election for that office may be by voice. A majority vote of the members present constitutes an election to that position. Newly elected officers shall be installed at the End-of-Year meeting. Term of Office shall be for one (1) year commencing July 1 and ending June 30 of the following year.
Section 6.03: The Board may approve any member in good standing to any special committee
created, or may fill any vacancy by appointment during the calendar year.
ARTICLE VII. Duties of Officers
Section 7.01: Duties of the PTO President or Co-Presidents:
- Preside at all meetings of the PTO and Executive Board.
- Appoint chairpersons of the standing and special committees as well as act as ex-officio member of all said committees.
- Act as official spokesperson for the PTO.
- Co-sign PTO checks together or one President along with the Treasurer. Two signatures required on each check.
Section 7.02: Duties of the PTO Vice-President:
- Assist the President in the discharge of his/her duties.
- Perform all duties of the President in the event that the President is absent, unable or unwilling to execute such duties.
- Serve as Fundraising/Event Committee Chair. Duties include:
- Help organize and conduct major fundraisers/events.
- Send notices home regarding fundraisers/events.
Section 7.03: Duties of the Recording Secretary:
- Keep an accurate record of all proceedings of the organization.
- Provide copies of the minutes to the PTO President, Board, and Principal and file with PTO records.
- Read minutes at each meeting.
- Conduct all correspondence of the organization as directed by the President.
- Issue notices of all meetings of the organization.
- Maintain PTO social media accounts and PTO website.
- Oversee publicity for the PTO
- Prepare flyers, etc. to advertise school activities and events.
Section 7.04: Duties of the Treasurer are as follows:
- Keep accurate records of the organization funds. Books must be of audit quality in order to pass an annual audit by the school district or the IRS.
- Process and co-sign, with the President or Vice President, checks for all of the organization’s purchases. Two signatures are required for all checks.
- Report at PTO meetings and prepare a preliminary annual balance sheet and year-to-date income statement for submission at the End-of-Year meeting.
- File annual State Sales Tax reports as well as Income Tax Reports to the IRS.
- Supply the Executive Board with monthly balance sheets on the organization’s funds.
Section 7.05: Audit Committee
- Before the start of the new academic year, the audit committee will meet to review and approve Treasurer’s end of year financial reports.
- The committee may request necessary changes be made and must approve them as well.
Section 7.06: Vacancies
- If the President is unable to fulfill the term of office to which he/she has been elected, an appointed Vice President will assume the duties of that office.
- Vacancies created in any other office shall be filled for the unexpired term by an appointment of the Executive Board.
ARTICLE VIII.Termination of a Board Member
Section 8.01: A board member is subject to termination by a majority vote, from the board, on the grounds of:
- Unethical Behavior
- Violation of the Ethics and Conflict of Interest Agreement, or
- Not fulfilling his/her duties as outlined herein
- No active participation in PTO events in the school year
ARTICLE IX. Parliamentary Authority
Section 9.01: All meetings of the PTO shall be governed by the parliamentary rules contained in the then current edition of Robert’s Rules of Orders Revised except when they are in conflict with these bylaws.
ARTICLE X. District Access to Financial Accounts and Records
Section 10.01: Access to the financial records and books of the organization are granted to the Superintendent, Deputy Superintendent and Director of Finance of Alvin Independent School District.
Section 10.02: Access to the bank account information and bank account records of the organization are granted to the Superintendent, Deputy Superintendent and Director of Finance of Alvin Independent School District.
Section 10.03: The Superintendent, Deputy Superintendent, and Director of Finance of Alvin Independent School District can temporarily suspend all bank account activity pending any investigation into the organization with reasonable prior written notice to the PTO.
ARTICLE XI. Amendment of By-laws
Section 11.01: These by-laws shall become effective as of the date they are adopted by two-thirds (2/3) vote of the members present.
Section 11.02: Any member of the organization may submit, in writing to the Executive Board, a proposed amendment to the by-laws. A copy of the proposed amendments shall be available for review at the school office by any member of the PTO.
Section 11.03: These by-laws may be amended in whole or part at any general meeting by a two‑thirds (2/3) vote of the members present.
Original by-laws adopted by vote of members at the general meeting of Mary Marek Elementary School PTO on August 25, 2005.
Amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members at a special meeting of Mary Marek Elementary School PTO on March 9, 2006.
Additional amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members at a special meeting of Mark Marek Elementary School PTO on May 22, 2008.
Additional amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members at a general meeting of Mark Marek Elementary School PTO on May 21, 2009.
Article X “District Access to the Financial Accounts and Records” amendment to the bylaws adopted and included in this full version of the by-laws by vote of the members at a general meeting of Mary Marek Elementary School PTO on February 5, 2010.
Article XI Section 11.03 amendment to the by-laws adopted and included in this full version of the bylaws per request of Alvin Independent School District on March 3, 2010.
Additional amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members at a general meeting of Mary Marek Elementary PTO on March 9, 2015.
Additional amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members at the general meeting of Mary Marek Elementary PTO on May 16, 2017.
Additional amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members online from July 6-16, 2017.
Additional amendments to the by-laws adopted and included in this full version of the by-laws by vote of the members via email and GroupMe from July 23-24, 2017
Additional Amendments to the by-laws adopted and included in this full version of the by-laws by vote of the Board Members in person at Board meeting (PTO does not have a membership to solicit votes on this matter except for the board) May 21, 2018.
Additional Amendments to the by-laws adopted and included in this full version of the by-laws by vote of the Board Members in person at Board meeting (PTO does not have a membership to solicit votes on this matter except for the board) for Article VIII, D- June 23, 2019.
Additional Amendments and revisions to the by-laws adopted and included in this full version of the by-laws by vote of the PTO membership via email, using Google Forms. August 16, 2020
The following officers attest that these by-laws are a true and factual copy and set forth the desire of the general membership of the Mary Marek Elementary PTO as adopted on the dates listed above.
Leah McWhinnie, PTO President
Courtney Wolfe, PTO Vice President
Tamara Johnson, PTO Treasurer
Arlene Ham, PTO Secretary