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By-laws

20 years 7 months ago #58369 by mum24kids
Replied by mum24kids on topic RE: By-laws
**What are the quorum requirements for your various meetings? (Some people use flat figures, like 20 people for a general membership meeting, some use a percentage, like 10% of the membership. For smaller meetings, like Exec Board meetings, it's usually a simple majority or a 2/3 majority. If you are incorporated, your state may have certain quorum requirements.)

**How is voting eligibility determined? (This has been an interesting topic that has come up recently, where some people have wanted to make a requirement that people are members or somehow otherwise active for a certain period of time before they can vote--to avoid 'ballot stuffing' on certain issues.)

Also--here's a link to an old thread here that has a lot of sample bylaws.
www.ptotoday.com/ubb/ultimatebb.php?ubb=get_topic&f=5&t=000048
20 years 7 months ago #58368 by Critter
Replied by Critter on topic RE: By-laws
I'll add:

** Is there a time limit for when reimbursement requests must be submitted? (ours is 45 days from the date of purchase)

** Do you require a balanced annual budget? What happens if a committee goes over budget?
20 years 7 months ago #58367 by JHB
Replied by JHB on topic RE: By-laws
Why don't we chime in with some of the big differences we see in bylaws? Those are the decisions they'll need to make when customizing. I'll list some to start.

** What makes up the Executive Board?
Some groups have a very small group of basically the 4 or 5 officers; others include school representatives, committee chairs, etc. (Ours is big, 25-35 people.)

**Is there a restriction on spouses/members of the same household serving as elected officer? Servingon the Board?

**What business can be decided by the Executive Board and what must be handled at a general meeting?

**In the nomination process, do you allow nominations from the floor? (Or is there a deadline before elections by which candidates must declare?)

**What is the role of the Principal? (Some of this is bylaws - whether you include this position on your board. Other aspects are handled in policy.)

**Is it a requirement that someone running for president has served on the board? (Many of us word this so it's "desireable" but not necessarily required.)

** Do your officers have term limits? Is this absolute or is there an out clause? (Example, "elected officers may serve only two consecutive terms unless approved by a majority vote of...)

What are some of the others that come up on this Forum?
20 years 7 months ago #58366 by JHB
Replied by JHB on topic RE: By-laws
You've gotten some great advice already, so let me sum it up. There may be a few legal pieces that have to go into the bylaws like what Mumof3 listed for state incorporation and then a few things the IRS requires (like a dissolution statement that says what happens to your assets if you go away). But the vast bulk of it is up to you to decide (charging for dues, description of officers, how often meetings occur, etc.)

Most of us follow - at least in some fashion - Roberts Rules of Order. And since groups like ours are run very similarly, you'll see a lot of similar language.

You definitely don't want to start with a blank page. Take good examples from others and customize them for yourself. Definitely use ones from orgs that are already 501(c)(3). Ideally get some from groups that are also already incorporated in your state (if you plan to do that - which is a good idea).

People use the word "bylaws" generically, so be aware of the terms. In the traditional sense, there are two documents. One is an organizing instrument (constitution, charter, articles of association, articles of incorporation). The second is the bylaws - the rules by which you operate. If you plan to incorporate, your state probably has a short template of what the articles of incorporation should include. It may only be one or two pages and then most of the "meat" is in the bylaws.

Be careful when you are crafting the document, especially if you are taking pieces from different sources. Someone really does need to read it carefully all the way through and connect the dots. For instance, you don't want to say that there are no dues and all families are automatic members in one section and then somewhere else say that only "paid" members can run for office.

Also, you don't want to get so specific that you lock yourself into a corner unnecessarily. Definitely, you don't want something like "Membership dues will be $3 per family per year". Then you'd have to change your bylaws to change the amount.

More common is language like: "Membership dues, if any, will be set by the Executive Board by the first meeting of the school year." That leaves you lots of flexibility but establishes that someone needs to set a formal policy.

Good luck.

[ 03-31-2004, 01:00 PM: Message edited by: JHB ]
20 years 7 months ago #58365 by jonwilson
Replied by jonwilson on topic RE: By-laws
Hi mum,
It sounds like you don't have bylaws. Is that true? If you'd like I can send you ours and you can see if they are what you need. I also have examples of some of the IRS paperwork we submitted in our non-profit application. Drop me an email of what you'd like.
20 years 7 months ago #58364 by kmamom
Replied by kmamom on topic RE: By-laws
(You might want to repost this one on the "Legal" board--you'll probaby get more responses there). I'm not sure about legalities, but I found when we filed for incorporation in NJ, and then our 1023, you're usually required to have information for: Name, purpose, members, dues, officers, elections meetings, executive board, committees, how you run your meetings (like Robert's Rules), amending you bylaws, dissolution of the group and how you'll handle our finances. If you're not a member of NPN you should become one--they have GREAT information in their PTO start-up package.

Hope this helped!
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