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Bylaws

Bylaws of the Berkshire Middle School
Michigan ID# 402001 Date of Adoption: October 3, 2022
City Council RegionBirmingham, Michigan
Birmingham PTA D

County: Oakland

Article I: Name

The name of this organization is the Berkshire Middle School Parent-Teacher-Student Association (hereinafter “Berkshire PTA or PTA” ) in Birmingham, Michigan. It is a local PTA unit organized under the authority of the Michigan Congress of Parents and Teachers (Michigan PTA), a branch of the National Congress of Parents and Teachers (National PTA).

Article II: Articles of Organization

The articles of organization of a constituent organization include (a) the bylaws of such organization and (b) the certificate of incorporation or articlesof incorporation of such organization (in cases in which the organization is a corporation) or the articles of association by whatever name (in cases in which the organization exists as an unincorporated association).

Article Ill: Purposes

Section 1. The Objects of the Berkshire Middle PTA, in common with those of the National PTA and the
Michigan PTA, are:

Section 2. The Objects of the National PTA, the Michigan PTA, and the Berkshire Middle School PTA are promoted through an educational program directed toward parents, teachers, and the general public; are developed through conferences, committees, projects, and programs; and are governed and qualified by the basic policies set forth in Article IV.

Section 3. The organization is organized exclusively for charitable, scientific, literary or educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code or corresponding Section of any future Federal tax code (hereinafter "Internal Revenue Code").

Article IV: Basic Policies

The following are basic policies of the Middle School PTA in common with those of the National
PTA and the Michigan PTA:

Article V: Relationship with National PTA and State PTA

Section1. This PTA shall be organized and chartered under the authority of the Michigan PTA in the area in which this PTA functions, in conformity with such rules and regulations, not in conflict with the National PTA Bylaws, as the Michigan PTA may in its bylaws prescribe. The Michigan PTA shall issue an appropriate charter evidencing the due organization and good standing of this PTA to this PTA. A local PTA in good standing is one which:

Section 2. This PTA shall adopt such bylaws for the organization's government as may be approved by the Michigan PTA. Such bylaws shall not conflict with the Bylaws of the National PTA or the bylaws of the Michigan PTA.

Section 3. Bylaws of each constituent organization shall include an article on amendments.

Section 4. Each officer or board member of a constituent organization shall be a member of a local PTA within its area.

Section 5. Each officer or board member of a local PTSA shall be a member of such local PTA.

Section 6. This PTA shall keep such permanent books of account and records as shall be sufficient to establish the items of gross income, receipts, and disbursements of the organization, including, Specifically, the number of its members, the dues collected from its members, and the amount of dues remitted to the Michigan PTA. Such books of account and records shall at all reasonable times be open to inspection by an authorized representative of the Michigan PTA or, where directed by the Committee on State and National Relationships, by a duly authorized representative of the
National PTA.

Section 7. The charter of this PTA shall be subject to withdrawal, and the status of such organization as a PTSA unit shall be subject to termination in the manner and under the circumstances provided in the bylaws of the Michigan PTA.

Section 8. This local is obligated, upon withdrawal of its charter by the Michigan PTA:

Section 9. This PTA shall collect dues from its members and shall remit a portion of such dues to the Michigan PTA as provided in Article VI hereof.

Section 10. Only members of a local PTA who have paid dues for the current membership year may participate in the business of that association.

Section 11. Bylaws of each constituent organization shall include a provision establishing a quorum.

Section 12. The members of the nominating committee for officers of a constituent organization shall be elected by the membership, Board of Directors/Managers, Executive Board, or Executive Committee.

Section 13. Voting by proxy shall be prohibited.

Section 14. Each local PTA shall include in its bylaws provisions corresponding to the provisions of such of the Bylaws of the National PTA as are identified herein by a number sign (#).

Section 15. The adoption of an amendment to any provision of the Bylaws of the National PTA identified by a number sign (#) shall serve automatically and without the requirement of further action by the local PTA to amend correspondingly the bylaws of each local PTSA. Notwithstanding the automatic character of the amending process, the local PTSAs shall promptly incorporate such amendments in their respective bylaws.

Section 16. Each local PTA shall include in its bylaws provisions corresponding to the provisions of such of these bylaws as are identified by the state symbol .

Section 17. A local PTA shall be organized and chartered under the authority of the Michigan PTA in any geographical area within the State where no local unit for the college, high school, junior high/middle school, elementary school, preschool or special education group exists.

The PTA shall be known as Berkshire Middle School Parent, Teacher, Student Association (PTA), in membership with the Michigan PTA and National PTA and conform with such rules and regulations, not in conflict with the Bylaws of the National PTA as the Michigan PTA may in its Bylaws prescribe. The PTA shall be organized by the Michigan PTA President, President Elect, a Region Director, Field Service Representative or any qualified member of the Board of Directors, as appointed by the Region Director, and shall be self-governing in accordance with the Bylaws of the Michigan PTA and the National PTA.  Local PTAs become Michigan PTA units upon adoption of bylaws which have been approved by the Michigan PTA Committee on Bylaws and payment of Michigan PTA and National PTA dues. Ten (10) or more members are required to organize a local unit and twenty-five (25) or more to sustain the charter. Any unit found to be in violation of this section shall be able to appeal the withdrawing o their charter through the Committee on Local PTSA and Council Relationships. The bylaws of a local PTA shall be deemed to be part of its articles of organization and its bylaws shall so provide. Upon approval of bylaws a charter shall be issued. Local PTAs shall review/revise their bylaws every three (3) years and submit three (3) copies to the Michigan PTA Committee on Bylaws for approval.

Section 18. The name and address of the president of each local PTA shall be sent to the
Michigan PTA Office immediately following election.

Section 19. There shall be but one person serving in any elected office.

Article VI: Membership and Dues

Section 1. Every individual who is a member of this PTA is, by virtue of that fact, a member of the National PTA and of the Michigan PTA by which such local PTA is chartered and is entitled to all the benefits of such membership.

Section 2. Membership in PTA shall be open, without discrimination, to anyone who believes in and supports the Mission and Purposes of National PTA, under such rules and regulations, not in conflict with the provisions of the Bylaws of the National PTA, as may be prescribed in the bylaws
of this PTA.

Section 3. This PTA shall conduct an annual enrollment of members but may admit persons to
membership at any time.

Section 4. Each member of this PTA shall pay such annual dues to the said organization as may be prescribed by the organization. The amount of such dues shall include the portion payable to the Michigan PTA (the "state portion") and the portion payable to the National PTA (the"national
portion").

Section 5. The amount of the state portion of each member's dues shall be determined by the
Michigan PTA. The national portion of each member's dues per annumshall be determined by the
National PTA and remitted in accordance with the process as determined by the National PTA.

Section 6. The Michigan portion of each member's dues shall be determined by the Michigan PTA
and remitted in accordance with the process as determined by the Michigan PTA ..

Section 7. Each member of this PTA shall pay annual dues The amount of such annual dues shall be set by the Executive Board of this PTA prior to August 31 st of each school year. The amount of such annual dues shall include the portion payable to the Michigan PTA and the portion payable to the
National PTA.

Section 8. The state and National PTA portions of the dues paid by each member of this PTSA shall be set aside by this PTA and remitted to the Michigan PTA through such channels and at such times as the state bylaws may provide. Each state PTA shall pay to the National PTA the amount of the national portion of dues paid by all members of local PTAs in its area.

Section 9. The membership year to the Michigan PTA shall be from the first day of October through the thirtieth (30) day of September of the following year.

Section 10. The local PTA treasurer shall keep the record of the National PTA and the Michigan PTA portions of the membership dues separate from the record of the general funds of the local PTA.

Section 11. The Michigan PTA and the National PTA dues shall be remitted by the treasurer of th local PTA to the Michigan PTA State Office on a monthly basis by the 28th of each month. The remittance to the Michigan PTA shall be accompanied by a Treasurer's Remittance Report, showing the name and address of the president and treasurer of the association, the amount of dues collected during the period covered by the report, and the number of the members of the association.

Section 12. All unsold membership cards shall be returned to the State PTA Office by June 1 o each year. A local unit shall be billed for any unaccounted for membership cards.

Section 13. Each local PTA shall pay $25.00 annual unit dues to the Michigan PTA on or before June 1 of each fiscal year. This payment will constitute payment for the following fiscal year. No unit packet shall be distributed until payment of unit dues to Michigan PTA is received.

Section 14. Privileges of making motion, debating, voting, holding office, serving as chairmen of standing or special committees or serving on committees shall be reserved for members.

Section 15. Each local PTA shall submit a copy of its annual audit and budget to the Michigan PTA state office by December 1' 1 of each year.

Article VII: Officers and Their Election

Section 1. Each officer shall be a member of this PTA.

Section 2. There shall be but one person serving in any elected office.

Section 3.

Section 4. Nominating committee:

Section 5. Vacancies:
A vacancy occurring in any office shall be filled for the unexpired term by a person elected by a majority vote of the remaining members of the executive board, notice of such election having been given. In case a vacancy occurs in the office of president, the first vice president shall serve
notice of the election.

Article VIII: Duties of Officers

Section 1. The president shall:

Section 2. The vice president(s)/President elect shall:

Section 3. The secretary shall:

Section 4. The treasurer shall:

Section 5. The treasurers' accounts shall be examined annually by an auditor or an auditin  committee of not less than three members, who, satisfied that the Treasurers' annual report is correct, shall sign a statement of that fact at the end of the report. The auditing committee shall be appointed by the executive board at least two weeks before the annual meeting.

Section 6. All officers shall:

Article IX: Executive Board

Section 1.

Section 2. All of the Executive Board members shall be members of this PTA.

Section 3. A PTA member shall not serve as a voting member of a constituent organization's board on the local, council, district, region, state or national level while serving as a paid employee of, or under contract to, that constituent organization.

Section 4. The duties of the executive board shall be:

Section 5. Regular meetings of the executive board shall be held during the school year, the time to be fixed by the board at its first meeting of the year. A majority of the executive boar members shall constitute a quorum. Special meetings of the executive board may be called by the
president or by a majority of members of the board.

Article X: Meetings

Section 1. Regular meetings of the association shall be held on a Wednesday of each month during the school year, unless otherwise provided by the association or by the executive board, seven days notice having been given of change of date.

Section 2. Special meetings of the association may be called by the president or by a majority of the executive board, five days' notice having been given.

Section 3. The annual meeting shall be held in May.

Section 4. Five members shall constitute a quorum for the transaction of business in any general, annual or special meeting of this association.

Article XI: Standing and Special Committees

Section 1. Only members of the association shall be eligible to serve in any elective or appointed positions.

Section 2. The executive board may create such standing committees as it may deem necessary to promote the Objects and carry on the work of the association. The term of each chair shall be one year. No member shall serve as chairman of the same committee for more than two consecutive
terms.

Section 3. The chair of each standing committee shall present a plan of work to the executive board for approval. No committee work shall be undertaken without the consent of the executive board.

Section 4. The power to form special committees and appoint or elect their members rests with the association (unless the bylaws delegate this power to the president or the executive board).

Section 5. The president shall be a member ex officio of all committees except the nominating committee.

Article XII: Council Membership

Section 1.

Section 2. This association shall pay annual dues of $120 to the Birmingham PTA Council as provided in the council bylaws.

Article XIII: Fiscal Year

The fiscal year of this PTSA shall begin on July 1 and end on the following June 30.

Article XIV: Parliamentary Authority

The rules contained in the current edition of Robert's Rules of Order Newly Revised shall govern the National PTA and its constituent organizations in all cases in which they are applicable and in which they are not in conflict with these bylaws, the bylaws of the Michigan PTA, and the Bylaws of
the National PTA, or the articles of incorporation.

Article XV: Disbandment

Section 1. If a local PTSA unit is considering disbandment, the local unit executive committee shall meet with the Field Service Representative or the Region Director prior to formal action.

Section 2. After meeting with the Field Service Representative or Region Director, the written notice stating the recommendation of the executive board shall be given to each member entitled to vote at such meeting and to the President of the Michigan PTA, to the appropriate Field Service Representative and council at least thirty (30) days prior to the date of such a meeting.

Section 3. Only those persons who were members in good standing thirty (30) days prior to date of the vote of disbandment shall be entitled to vote. Membership enrollment shall be available at any time. (See Article VI- Membership, #Section 3.)

Section 4. Approval of disbandment of a local unit shall require the affirmative vote of at least two- thirds (2/3) of the members present and entitled to vote at the meeting, a quorum being present. The secretary shall notify their council president, if part of a council, Field Service Representative
and the Michigan PTA Office of the decision.,

Section 5. Should a local unit fail to:

1. a) elect officers and
b) hold at least one (1) meeting and
c) enroll at least twenty-five (25) members
d) Submit a copy of their annual budget, audit and Form 990 to the state office
e) Pay the $25.00 unit dues by December 1,the immediate past treasurer or the principal shall notify
their council president, if part of a council, Field Service Representative and the Michigan PTA Office.

2. Activate itself before the end of the school year, its assets, funds and records shall be turned over to the Michigan PTA to be held in escrow until the unit reactivate itself, a period not to exceed two (2) years.

3. Reactivate itself during this two (2) year period, its funds and assets shall become the property of the Michigan PTA.

Article XVI: Amendments

Section 1.
a. These bylaws may be amended at any regular meeting of the association by two­ thirds (2/3) vote of the members present and voting, provided that notice of the amendment has been given at the previous regular meeting and that the proposed amendment shall be subject to approval of the Michigan PTA.
b. A committee may be appointed to submit a revised set of bylaws as a substitute for the existing bylaws by a majority vote at a meeting of the association, or by a two- thirds (2/3) vote of the executive board. The requirements for adoption of a revised set of bylaws shall be the same as in  the case of an amendment.
c. Submission of amendments or revised bylaws for approval by the state PTA shall be in accordance with the bylaws or regulations of the Michigan PTA.

d. After adoption of these bylaws, a copy of the bylaws with the minutes from the meeting in which they were adopted shall be sent for approval to the Michigan PTA office wither through Postal Mail or via email to membership@michiganpta.org.

Section 2.
The adoption of an amendment to any provision of the Bylaws of the National PTA identified by a number sign (#) shall serve automatically and without the requirement of further action by the local PTA to amend correspondingly the bylaws of each local PTA. Notwithstanding the automatic character of the amending process, the local PTSAs shall promptly incorporate such amendments in their respective bylaws.

Section 3. The adoption of an amendment to any provision of the bylaws of the Michigan PTA identified by a number (#) symbol shall serve automatically and without the requirement of further action by the local PTA to amend correspondingly the bylaws of each local PTA.

  1. To promote the welfare of children and youth in home, school, community, and place of worship.
  2. To raise the standards of home life.
  3. To secure adequate laws for the care and protection of children and youth.
  4. To bring the home and the school closed, parents and teachers may cooperate intelligently in the
    education of children and youth.
  5. To develop between educators and the general public such united efforts will secure
    for all children and youth, the highest advantages in physical, mental, social, and spiritual education.
  6. The organization shall be noncommercial, nonsectarian, and nonpartisan.
  7. The organization or members, in their official capacities, shall not endorse a commercial entity or engage in activities not related to promoting the Objects of the organization.
  8. The organization or members in their official capacities shall not—directly or indirectly—participate or intervene (in any way, including the publishing or distributing of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office; devote more than an insubstantial part of its activities to attempting to influence legislation by propaganda or otherwise.
  9. The organization shall work with the schools to provide quality education for all children and youth and shall seek to participate in the decision-making process of establishing school policy, recognizing that the legal responsibility to make decisions
    has been delegated by the people to boards of education, state education authorities, and local education authorities.
  10. The organization shall not enter into membership with other organizations except such international or national organizations as may be approved by the National PTA Board of Directors; the Michigan PTA or any of its divisions may cooperate with other organizations and agencies concerned with child welfare but a PTA/PTSA representative shall make no commitments that bind the group he represents.
  11. No part of the net earnings of the organization shall inure to the benefit of or be distributable to its members, directors, trustees, officers, or other private persons except that the organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes outlined in Article Ill hereof.
  12. Notwithstanding any other provision of these articles, the organization shall not carry on any other activities not permitted to be carried on (i) by an organization exempt from federal income tax under Section 501(c) (3) of the Internal Revenue Code, or (ii) by an organization, contributions to which are deductible under Section 170 © (2) of the Internal Revenue Code.
  13. Upon the dissolution of this organization, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to one or more non-profit funds, foundations, or organizations which have established their tax-exempt status under Section 501(c) (3) of the Internal Revenue Code.
  14. Adheres to the Objects and basic policies of the PTA;
  15. Remits the national portion of the dues through the state PTA to reach the national office by dates designated by the National PTA;
  16. Have bylaws approved according to the procedures of each state; and
  17. Meets other criteria as may be prescribed by the individual state PTA.
  18. Operates under bylaws that have been reviewed/revised and approved every three (3) years by the Michigan PTA Committee on Bylaws.
  19.  Has paid per capita dues of its members and local unit dues to the Michigan PTA by the dates required in these bylaws.
  20. To yield up and surrender all of its books and records and all of its assets and property to the Michigan PTA or to such agency as may be designated by the Michigan PTA, or to another local PTAIPTSA organized under the authority of the Michigan PTA;
  21. To cease and desist from further use of any name that implies or connotes association with the National PTA or the Michigan PTA or status as a constituent organization of the National PTA; and
  22. To carry out promptly, under the supervision and direction of the Michigan PTA, all
    proceedings necessary or desirable for the purpose of dissolving this PTA.
  23. The officers of this organization shall consist of a president, president-elect, past president, vice president of membership, vice president of volunteers, a secretary, a treasurer and a treasurer-elect.
  24. Officers shall be elected by ballot in the month of May. However, if there is but one nominee for any office, election for that office may be by voice vote.
  25. Officers shall assume their official duties at the close of the meeting in May, and shall serve for a term of one year and shall remain in office until their successors assume office.
  26. A person shall not be eligible to serve more than two consecutive terms in the same office.
  27. There shall be a nominating committee consisting of three to five members, one of whom shall be selected by the executive board from its body, and the balance elected by the association at a regular meeting prior to March 1st . This nominating committee shall select its own chairman immediately following the election.
  28. The nominating committee shall nominate one or more eligible persons for each office to be filled and report its nominees at the regular meeting in April, when additional nominations may be made from the floor.
  29. Only those persons who have signified their consent to serve if elected shall be nominated for or elected to such office.
  30. Preside at all meetings of the association;
  31. Perform such other duties as may be prescribed in these bylaws or assigned by the association;
  32. Be a member ex officio of all committees except the nominating committee;
  33. Coordinate the work of the officers and committees of the association in order that the Objects may be promoted.
  34. Attend meetings called by the Council, when in membership with Council, or arrange for his duly elected alternate to attend.
  35. In the event of consolidation, change of name, or disbandment of this unit, notify the Michigan PTA
  36. Act as aide(s) to the president;
  37. Perform the duties of the president in the absence or inability of that officer to serve. (In designated order)
  38. Keep an accurate record of the minutes of all meetings of the association and of the executive board;
  39. Have a current copy of the bylaws;
  40. Maintain a membership list;
  41. Perform other delegated duties as assigned;
  42. Conduct the correspondence delegated to him/her.
  43. Immediately following the election, send the name and address of the newly elected president to the Michigan PTA Office.
  44. Have custody of all the funds of the association;
  45. Keep a full and accurate account of receipts and expenditures;
  46. Make the disbursements as authorized by the president, executive board, or association in accordance with the budget adopted by the association;
  47. Have checks or vouchers signed by two persons, the treasurer and one other person:
  48. Present a financial statement at every meeting of the association and at other times when requested by the executive board;
  49. Make a full report at the meeting at which new officers officially assume their duties (usually the annual meeting);
  50. Keep the record of the National and State portions of the membership dues separate from the record of the general funds of the local unit, as provided in these Bylaws Article V, Section 6;
  51. Submit the books annually for an audit by an auditing committee selected by the executive board at least two weeks before the meeting at which new officers assume duties.
  52. Forward the $25.00 unit dues to the Michigan PTA office on or before June 1 of each fiscal year.
  53. Forward National and State monies to the Michigan PTA office on a monthly basis by the 28th of each month.
  54. Submit copies of the annual audit and budget to the Michigan PTA state office by December 1 of each year.
  55. Perform the duties prescribed in the parliamentary authority in addition to those outlined in these bylaws and those assigned from time to time.
  56. Deliver to their successor all official material not later than ten days following the expiration of their term of office.
  57. The executive board shall consist of the officers of the association, the chair of standing committees, and the principal of the school or a representative appointed by them. The chair of standing committees shall be selected by the officers of the association.
  58. The president may appoint a parliamentarian, subject to the approval of the officers of the association.
  59. The members of this board shall serve for a term of one year and shall remain in office until their successors assume office.
  60. To transact necessary business in the intervals between association meetings and such other business as may be referred to it by the association;
  61. To create standing and special committees;
  62. To approve the plans of work of the standing committees;
  63. To present a report at the regular meetings of the association;
  64. To appoint an auditor or an auditing committee at least two weeks before the annual meeting to audit the treasurer's accounts;
  65. To prepare and submit to the association for adoption a budget for the fiscal year;
  66. To approve routine bills within the limits of the budget;
  67. To determine the method of selecting delegates and alternates to represent the unit at council meetings, if unit is in membership with a council;
  68. To obtain a fidelity bond for the treasurer and all persons authorized to handle funds and securities;
  69. Register the signature of the Treasurer, the President and the Secretary for all accounts at the bank. All checks shall bear two (2) of the three (3) signatures registered with the bank.
  70. To determine the method of selecting delegates and alternates to represent the unit at the convention of Michigan and National PTA.
  71. The association shall be represented in meetings of the Birmingham PTSA Council by its president or alternate, the principal or alternate, and by one delegate or their alternates. All representatives to a council must be members of a local unit.
  72. Delegates and their alternates shall be chosen by selection in May meeting.
  73. Delegates to Birmingham PTSA Council shall serve for a term of one year(s).