Our state (Virginia) requires us to keep a copy of our Bylaws on file with the State PTA Bylaws Committee. Granted we are a PTA and have National PTA Bylaws to follow as well. I'm not as familiar with a PTO so I don't know if the organization is as formal. If you have a state organization to answer to that would be the first place I'd look for a legal copy of your Bylaws. Hope that helps.
95% of time the decisions are being made by me and the other co-president.
Eek! You do realize that this is an issue that needs fixed as it isn't healthy for your parent group, right? Why is this happening? Responsibilities and authority are delegated to the other executive board members (and various committee chairs), correct?
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This is my first year as co-president for our PTSO. PTSO members can give input on how/what should be done but all the final decisions are made by the 5 member executive board. And honestly I dont see that ever being a problem with us because we only ever have maybe 5 other people at our meetings. 95% of time the decisions are being made by me and the other co-president.
Is the past president on the E Board as an E Board member? Does she function in another division of the PTO/PTA?
I was past president and now am involved with the PTO/PTA as the Fund Raising Chair and involved in other committees. The president before me is also still involved. It's always better if you can be friendly towards each other as she may have information that will help. Maybe the present president can have a friendly coffee and chat with the past president and come to some sort of agreement. Remind her that she probably changed some things when she became president and that you should have your chance now.
Also, if your organization has a 501 and a raffle gaming license through your state, they should have a copy of the By-Laws, when refiling and renewing your raffle gaming license. You can write to the state and explain the situation. If they do, when you get them scan them and copy them into a office document and then copy to a disk or stick and keep several copies. Administration has a copy of our By-Laws.
She should get one vote- as all active members of your PTO get one vote. She should not however, be considered of the Executive Board, as she no longer is.
You can write your own Bylaws, it's time consuming but a necessary set of rules to have in place. if you go this route- be sure to specify that Executive Board members will make Executive decisions (Executive board consisting of the board seats, not the entire PTO/A)