Good point, Phil,about the IRS language. We actually put that in our Articles of Incorporation, a separate document from our bylaws, when we filed for our 501c3.
You can also check out the PTOToday Start Up guide. It too shows the specific language the IRS requires, and walks you through the writing of bylaws and the filing for your federal tax exemption, step by thrilling step.
You need some kind of organizing document - in fact, representatives of the 2 old schools should have been putting it together starting about a year before the formal joining. Water under the bridge....
The one enhancement to Critter's comment is that you need to be a little more careful in writing the document if you plan on becoming a real non-profit. The IRS has some specific requirements for Articles of Organization (their term) and specifically say the "by-laws" do not always meet the standard.
There is a good sample Charter (our Articles of Organization and a synonym for by-laws) at our web site along with an explanation of teh process for applying for Non-Profit. Take a look and ask any questions you have. The URL is www.macarthurschool.com/pto.htm
and look for the links under the BabelFish ad
If you're forming any kind of "real" non-profit organization, the first order of business is to write bylaws. In addition to what the others have said, I'd add that your bylaws should spell out the responsibilities of your officers, how your offiders are elected, how long they can serve. They should also define membership requirements. They should also establish Roberts Rules of Order as your standard, so you can defer to RRO on issues not spelled out in your bylaws (like how to make a motion).
Bylaws don't have to be full of legal mumbo jumbo. In fact, they should be written in a way that any one can understand them. There are so many samples available, the task of writing them is pretty straightforward.
In your case, with two groups merging, obviously with differing perspectives, bylaws may be the only structure that pulls you together initially. Form a committee of members from both schools to write bylaws for the new group. Consider the other group's bylaws, of course, but look at other samples, too. Personally, I would be VERY reluctant to get involved--especially financially--with an organization that had no bylaws.
Without bylaws the president can do whatever she wants--or not-- and I guess that goes for the principal or any board member really. We do not have bylaws and have had problems with embezzlement, financial management, and job duties. Bylaws spelling out how to handle these situations would have made life easier for many of us. If I am president next year, the first thing I intend to do is get together a committee to write bylaws.
If you read through some of the messages on here(especially those with frowny faces) you will find many reasons for having by-laws in place.
By-laws give your group a structure to operate under. They spell out your purpose for existing and your mission. They define the roles of the officers, establish policies for everything from running meetings to voting, and give you guidelines for making decisions for the group.
Without by-laws the "rules" can change with every new board or bad mood. You will have no policies for controlling the use of funds, the operation of programs or removal of someone should a problem occur.
Could you survive without them? Maybe. Could you have nightmare problems without them. You bet.
We are a new school created from a consolidation of two schools. One school's PTO had bylaws and the other school did not. The issue at hand now is whether or not to have bylaws. Some of us are for having bylaws and some are not. Where can I access some information on "The Pros of having Bylaws" so that we can present this at the next meeting. I want the members to make an informed decision on this matter.
