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PTA disbanding

16 years 2 months ago #144759 by S'Moore
Replied by S'Moore on topic RE: PTA disbanding
Does anyone have sample resolutions that our group could use? We're nearing the end of our dissolution, but are having serious trouble "drafting a resolution" on which to vote. The "legal" language is, at best, confusing to most of our supporters.

Please help!
21 years 8 months ago #75482 by MarylandMom
Replied by MarylandMom on topic RE: PTA disbanding
Tim, thanks for the great advice. I have passed it on to my President and we will be discussing this issue in depth at our next meeting.

We really aren't so worried about the actual taking of our assets (after this year, we won't have any), but rather the PTA's disapproval over our unit's past record-keeping (it really is disastrous). Starting up the PTO prior to dissolving the PTA may be the way to go, since we will need time before the start of next year to build up some funds.

And the article on PTO vs. PTA has provided some additional insight into this matter for us. Just wanted to say great site, even though I'm an "on again, off again" contributor. Thanks!
21 years 9 months ago #75481 by Rockne
Replied by Rockne on topic RE: PTA disbanding
Hi Maryland Mom -

There's really two sides to your question: 1. Dissolving your PTA, if that's what you want to do; and 2. Starting a PTO. Technically, the two questions are unrelated. For example, in your PTA, you're not voting "to disband PTA and start PTO." You're just voting whether or not to disband PTA. In fact, technically/legally, it's perfectly OK to have both a PTA and a PTO at the same time. They would be separate legal entities. I don't recommned that on an ongoing basis, but it (hopefully) shows that the two are separate.

Now, let me give my opinion/insight on both sides of the question:

1. Disbanding. You're right to have gone to your bylaws as a first reference, and you're right that they're very often quite general. I'm assuming that you're still a "PTA in good standing" (paid your dues this year, etc.). In my opinion, the best you can do is try and follow the bylaws as you read them. Make the motion, give the notice as best you can, take the vote. If the vote is to disband, then you're done. Important note: before you make the move to disband, I would make sure that your bank account and assets are down to zero. While I'm not convinced that folks can come in and take your money/stuff, having no money/stuff makes that point moot and the disband issue much cleaner. If you have no money/stuff, then -- even if someone questions your disband procedures -- there's not much to argue about. You'll have no assets, no officers, no members, etc. -- so there won't be much to argue about. My two cents.

2. Starting a PTO. If you do want to start an independent group, you certainly can. There's a ton on this forum about the steps to follow (bylaws, incorporate, get nonprofit status, insurance) and it's not too tricky. I'd suggest that -- if you're heading in this direction -- you get those balls rolling even before the PTA is formally disbanded, so that there won't be a gap. It's perfectly OK if there is overlap in time. One important tip: Again -- to avoid even the appearance of impropriety -- don't use any of your PTA assets for your new group and don't transfer PTA assets from your PTA to your new group. If you are using your assets, spend the $$ on the kids or donate to the school (before you disband). Transferring from the PTA to a PTO only invites bad feelings that you don't need or want.

The key thing to remember is that -- when push comes to shove -- if you do the best you can in disbanding, you'll be OK. After that, when you're not paying dues and not using PTA name or services, it'll be over. It needn't be a cause for great angst. Volunteering your time for your school shouldn't require a team of attorneys.

Tim

PTO Today Founder
21 years 9 months ago #75480 by MarylandMom
Replied by MarylandMom on topic RE: PTA disbanding
This is all very interesting and educational for me, since my PTA is considering dissolving and becoming a less-restrictive, locally-controlled PTO (or something). I did find language in the National PTA Annual Resources for PTAs 2002-2003 and in my state's PTA handbook regarding this, but unfortunately, the language is very general.

For instance, it says that a resolution must be adopted by the unit recommending that the local PTA be dissolved and directing that the question be submitted to a special meeting of the general membership, written notice of that meeting must be provided to each member entitled to vote at least 30 days prior to that meeting, and a copy of the resolution and a copy of the meeting notice must be sent to the president of the state PTA at least 20 days before the special meeting.

The resolution must give a preamble (the "Whereas" clauses) or background as to the reason for the question and then a request for action (the "resolve" clauses) and each action requested should have its own clause.

The resolution is then presented to the membership for discussion and voted upon (an affirmative vote of 2/3 of the members passes the resolution).

It then goes on to say, "After the vote has been counted and the organization has voted to dissove their PTA affiliation, per local bylaws Article IV, Section 16a, all funds and financial records of the organization must be frozen and turned over to Maryland PTA or its representative, effective the date of the affirming vote. All outstanding obligations will be honored and met. Any remaining funds, as per local bylaws, will be held for the benefit of the organization through Maryland PTA. No funds may be given to another organization. The local unit must cease and desist from using the name of PTA."

I have seen nothing with regards to seizure of actual property, just funds, but what is discouraging is that there is nothing stated with regards to the actual language that should be used in such a resolution. We are not lawyers and know little about such things, but we don't want to paint ourselves into a corner with PTAs paintbrush either.

Further, my PTA is very informal in that meetings are conducted very casually, votes are taken by show of hands (but most decisions have been made in officers' meetings because participation at regular meetings is minimal.)

Worse yet, records for the group are disastrous. Past boards kept no financial logs except the checkbook register, there is no record of minutes (not even for the current year, since our Secretary had to be "talked into" the job and doesn't bother to take notes), and we don't even know where the group's bylaws are (they haven't been seen for years, apparently.)

I have my personal notes from meetings, all the agendas, newsletters, and other correspondences that have gone out, and the Treasurer this year has made an effort to give us statements and semi-detailed reports on expenditures and income.

I am only V.P. this year, and cannot say much without stepping on toes. See, we are such a small group and it is so tough to maintain a core group of involved parents outside of the four officers and two other moms.

We are depleting our account this year on the second phase of our playground renovation project, and see this as an opportunity to dissolve our affiliation with PTA. But we are concerned (I am at least) with the lack of records and what vinictive actions PTA will take against us when we announce our intentions.

Any advice from a "been there, done that"?

[ 02-02-2003: Message edited by: MarylandMom ]

[ 02-02-2003: Message edited by: MarylandMom ]</p>
21 years 10 months ago #75479 by Rockne
Replied by Rockne on topic RE: PTA disbanding
Hey Snow -

Wondering if you have an update on this???

Tim

PTO Today Founder
21 years 11 months ago #75478 by Rockne
Replied by Rockne on topic RE: PTA disbanding
As a 501(c)(3), your group is guided by 501(c)(3) rules and regs. Your bylaws (in this case, your state's bylaws) should have disbanding language. Those should be your guide. Ask for a copy of the bylaws. You are correct to look for the in-writing rules as opposed to the "what we say goes" rules.

If the state folks won't provide a copy of the bylaws, that says quite a bit.

Tim

PTO Today Founder
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