We were successful in our effort to dissolve. Thanks to all of you who responded to my questions. Four representatives arrived at our meeting to "inform" the membership. When it became evident that things were not going their way, they became rude and kept returning to the idea that we couldn't be a nonprofit without them. They made some big mistakes, including speaking to adults as if they were wayward, uninformed children. Finally, when they TOLD us they would "seize" our books, I had enough. They tried to use our own bylaws against us saying they could do this since our charter was being withdrawn. I countered that we were quitting them, so they couldn't "seize" anything! I guess they assumed we didn't read our own bylaws! We had our quorum so I asked for a motion and the vote was unanimous.
I would suggest that anyone contemplating dissolution (a personal choice for any association) should make sure they have a manageable quorum and to keep in mind that an individual usually has to be a member for 90 days to vote on dissolution.
Once again, my gratitude to those who offered advice and support and to this site!
Thanks to all who responded.
I reviewed our bylaws once again. We cannot delay the dissolution or post-date it. It must be immediate. I have already made up temporary cards, and hopefully this won't be an issue. I'm feeling better about things because we're very prepared. My biggest concern now is if we'll have a quorum. Wish me luck and I'll update everyone soon. Thanks again!
You've gotten some good advice here, but let me add my two cents worth.
On membership cards, I would have someone with a membership list on hand to issue "replacement cards". Don't make a big deal about it, just direct people to that station as needed. By checking the list and verifying the person as a PTA member, you've complied with the idea behind the requirement (assuring membership). Issuing the card complies with the "letter of the law". You'll want a speedy process, so it doesn't create a bottleneck. If your membership is small, and especially if the data is in the computer where you can do a quick merge, you might just want to print cards for everyone. Or, you could just have them all ready except for the name, and handwrite those in.
If you vote to dissolve, I wouldn't make it effective immediately, but at a future date - probably the end of the school year or the end of your fiscal year. This will give your group time to close out its accounts and finalize its business in an orderly manner.
Also, as you do start up the PTO, keep in mind it is a totally separate organization. It needs its own checking account, EIN, tax exempt status -everything. Tim's advice about creating that organization and directing revenues into the account while spending down the dissolving PTA account is right on track.
In my opinion, the expenses of setting up your PTO accounts should not come directly from the PTA account. How you work out transferring the bulk of remaining assets at the very end(if not zero) if one thing. But I think even I as a PTO suporter would not feel it was right to pay the PTO's $150 or $500 501c3 application fee with a PTA check. Similarly with the initial funds to open the PTO account. Even if it's decided to be "legal", that's just rubbing salt in the wounds of any opposed to the conversion. I think it's better to start gathering funds received in those accounts and keep all the transactions completely separate.
More panic...our bylaws state that membership cards must be shown at a vote. We are a small group and everyone knows everyone. We've never been that formal and showing cards just wasn't necessary. I have a feeling the reps will require them! I already know some people can't find theirs and I'm sure a few will forget them. What can I do?! Can we issue temporary cards at the door (to members only of course.) There's nothing in our bylaws that addresses lost or misplaced cards.
HELP! :eek:
Some of these answers depend on the particular bylaws of the state you're in. Check those and your own particular bylaws (if you're a PTA, the two sets of bylaws should be very similar/same.
Those bylaws are *all* you are governed by. I haven't seen many cases where written votes from non-attendees are acceptable, but that's determined by your bylaws -- not this person. Her opinion doesn't rule; what she likes doesn't rule; your bylaws (and you as the leader) rule your meeting.
As far as the requirement for her attending another meeting -- read your bylaws carefully. Is that even a "requirement" at all? If it's not stated in the bylaws, then it's not required.
