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Pta Constitution and Bylaws Final

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Page 1: Pta Constitution and Bylaws Final
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PREAMBLE

We, the parents, guardians and teachers of Panikian National High School,Panikian, Carrascal, Surigao del Sur, in order to form a more united action in implementing the other urgent needs of the school, establish a better understanding among ourselves, promote the general welfare and interest of our school students do hereby ordain and adopt this constitution and By-Laws.

ARTICLE I – NAME, DOMICILE AND PURPOSE

Section 1. The name of the association shall be the “PANIKIAN NATIONAL HIGH SCHOOL PARENTS TEACHERS EMPLOYEES COMMUNITY ASSOCIATION “ hereinafter referred to as the PTECA and the principal address of business shall be at Panikian National High School, Panikian, Carrascal, Surigao del Sur. The PTECA is an unincorporated, non-profit organization.

Section 2. Purpose

The primary purpose of the PTECA is to:

a) Maintain an understanding, working relationship among the school administration and teachers, the parents of the students in the school and others interested in the stated mission and core beliefs of the Department of Education.

b) Provide the school with fun and family-friendly activities and celebrations throughout the year.

c) Provide services and programs in support of scholastic pursuits and extra-curricular activities of the students, in accordance with established school policy; d) Raise funds, transact business and exercise such functions as are necessary in the execution of the stated objectives of the organization;

ARTICLE II – MEMBERSHIP

Section 1: Membership in a PTECA is limited to parents, or in their absence the guardian, of duly enrolled students, and teachers in a given school. For this purpose, a guardian is hereby defined as any of the following:

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a) An individual authorized by the biological parent/s to whom the care and custody of the student has been entrusted;

b) A relative of the student within the fourth degree of consanguinity or affinity provided that said relative has the care and custody over the child;

c) an individual appointed by a competent court as the legal guardian of the student; or

d) in case of an orphan, the individual/institution who has the care and custody of the student.

Section 2: A teacher-member refers to homeroom advisers, subject teachers, and non-teaching personnel.

Section 3: Within fifteen (15) days from the start of the school year the Homeroom Adviser and the Parents/Guardians shall organize the Homeroom PTA with the approval of the School Head.

Section 4: The elected presidents of the Homeroom PTAs and their respective Homeroom Advisers shall elect the Board of Directors within thirty (30) days from the start of the school year. The Board of Directors shall immediately elect from among themselves the executive officers of the PTECA on the same day of their election to the Board.

ARTICLE III- Board of Directors and Officers

a. The administration of the affairs and management of activities of the PTA is vested with the Board of Directors and its officers in accordance with these guidelines or their respective Constitution and By-Laws, if any, which shall adhere to the following:a. The Board of Directors shall be composed of fifteen (15) members

who shall elect from among themselves the association’s executive officers; namely: President, Vice-President, Secretary, Treasurer, Auditor, or other equivalent positions, who shall oversee the day-to-day activities of the associations;

b. Parent-members shall comprise two-thirds (2/3) and teacher-members one-third (1/3) of the Board of Directors;

c. A teacher-member cannot hold any position in the PTA except as a member of the Board of Directors or as Secretary;

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d. The School Head shall not serve as a member of the Board of Directors but as adviser to the PTA;

e. The term of office of the Board of Directors and its Officers shall be one (1) year from the date of election. In no case shall a PTA Board Director serve for more than two (2) consecutive terms;

f. In case of vacancy in the Board of Directors as a result of expulsion, resignation or death, the vacancy shall be filled, for the unexpired term of the office, by a majority vote of the Board of Directors from among the Presidents of Homeroom PTAs in a special meeting called for such purpose.

g. Among the committees that may be formed to handle specific activities of the PTAs are: a) Committee on Finance; b) Committee on Programs and Projects; c)Audit Committee; d) Election Committee; e) Grievance Committee; f) Ways and Means Committee; g) Committee on External and Community Affairs;

h. The heads of the committees shall preferably come from the Board of Directors, Homeroom Presidents and Homeroom Advisers; and

i. The PTA may or may not be incorporated with the Securities and Exchange Commission (SEC). If incorporated, the registered entity shall, as far as practicable, be used in the organization of the PTA by the elected Board of Directors. In any event, the formal notification by the elected Board of Directors outlined below and the issuance of the Certificate of Recognition by the School Head shall be the operative act to recognize the PTA.

Article IV - Privileges

Section 1: The PTECA is authorized to collect voluntary contributions from parents/guardian-members once it has been duly recognized and given a Certificate of Recognition by the School Head (Enclosure No. 2). Such collections, however, shall be subject to pertinent issuances of the DepED and/or existing pertinent ordinances of the local government unit concerned, if any.

Section 2: In addition, a duly recognized PTECA shall have the following privileges:

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b. It may allow to construct a building or structure within the school premises for its office, provided however, that the PTECA shall donate such building or structure and other permanent fixtures to the school. Any improvement made on such building, structure or fixture that cannot be removed from such building or structure without causing damage thereto shall be deemed the property of the school. A written agreement shall be executed before the improvement or construction. A Deed of Donation shall also be executed by and between the PTECA and the school immediately after the completion of the improvement or construction;

c. The use of any available space within the school premises as its office or headquarters, provided, that costs pertinent to electricity, water and other utilities shall be for the account of the PTECA; provided however, that should the school need such space, the PTECA shall so vacate the space immediately. The maintenance and improvement of the office shall be in accordance with the School Improvement Plan;

d. Representation in the School Governing Council;e. Authorization to undertake fund-raising activities to support the

school’s academic and co-curricular programs, projects and activities subject to pertinent DepED guidelines;

f. Participation in the school’s inspection and acceptance committee and as an observer in the school’s procurement activities subject to the provisions of R.A. No. 9184; and Collaboration in relevant school activities.

ARTICLE V – DUTIES OF OFFICERS

Section 1. It shall be the duty of the President:

a. To act as the executive head of the Association and shall preside at all meetings of the Association as well as in the meeting of the Board of Directors thereof.

b. To enforce all provisions of the By-Laws, and such rules and regulation as may be adopted by the Association and/or the Board of Directors.

c. To call from time to time special meeting of the Association as well as of the Board of Directors as the occasion warrants, and recommend to their

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consideration, such measures as shall be considered necessary and expedient.

d. To approve all payments, disbursement and expenditures of the Association out of the funds as has been previously mentioned and authorized by the Board of Directors.

e. To sign all official correspondence, notes, contracts, conveyances and agreements to be entered into by the Association and which by resolutions of the Board of Directors requires him to sign, and also the correct minutes of the Association.

f. To carry out the will of the members as are required expressed and passed in the meetings of the Association, as well as in the meetings of the Board of Directors.

g. To take charge of all projects, undertakings, and activities of the Association, and to supervise the actuations of the officers.

h. To create committees and appoint its members.

i. To perform such other duties not specified above as are believed inherent to the duties/position. 

Section 2. It shall be the duty of the Vice President:

a. To take charge or take over the duties and responsibilities of the President in the latter’s absence and/or incapacity to discharge the duties inherent to the position.

b. To perform other duties as will be assigned to him by the President or by the Board of Directors.

Section 3. It shall be the duty of the Secretary:

a. To keep accounts and complete record of all minutes and proceedings of the Association and of the Board of Directors.

b. To present the minutes of the previous meeting in all meetings of the Association and/or of the Board of Directors.

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c. To receive written suggestions relevant to the purposes of the Association and to transmit it to the President immediately.

d. To take charge in the sending of notices to those concerned and to furnish the press relation officer matters duly approved by the President for press releases.

e. To perform such other duties as will be assigned to him/her by the Board of Directors and by the President.

Section 5. It shall be the duty of the Treasurer:

a. To be the custodian of all funds and property of the Association.

b. To collect all fees, dues and contributions from the HPTCA/classroom treasurer accruing to the Association and issue in acknowledgement thereof, the official receipt of the Association prescribed for the purpose.

c. To keep an accurate and complete record of the accounts of the Association showing the income, expenditures, and balances of the funds in his/her custody and shall render to the Board of Directors and financial reports as to the present standing of the funds of the Association at least once a month, or sooner and as often as the Board of Directors require.

d. To pay out of the funds of the Association in his/her custody all bills, obligations, and lawful expenses of the Association, as authorized by the Board of Directors thru a resolution, provided however, that vouchers covering such bills, obligation and expenses shall bear the prior approval of the President, the Auditor and Adviser/consultant of the Association.

e. To produce at any time as deemed by the Auditor or Adviser all cash balances in his/her possession of the funds of the Association and each other records made and kept by him/her for the purposes of audit.

f. To undertake the acquisition of all supplies and materials as are needed by the Association in the projects or its activities, and in the exercise of this duty, he/she shall be accompanied by the Auditor of the Association.

g. To perform such other duties as will be required of him/her or assigned to him/her by the President and by the Board of Directors of the Association for the proper accounting of the funds of the Association.

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Section 6. It shall be the duty of the Auditor:

a. To examine and audit the books, vouchers and payments, cash accountability, and such other records having to do with the accounts and accounting of the funds of the Association made and kept by the Treasurer.

b. To prescribe the forms and receipts, vouchers, and the system of accountability to be followed by the Treasurer and to prescribed rules and regulation thereof.

c. To pre-audit all vouchers covering payments and disbursement of the funds in the custody of the Treasurer and to see to it that the lawful requirements of audits are properly complied with.

d. To countersign all application for deposits and withdrawal of funds of the Association.

e. To render from time to time a report to the Board of Directors of the examination and auditing of the funds and accounts of the association in the custody of the Treasurer.

Section 10. The Board of Directors shall be responsible to the Association for the performance of the following duties and shall have a general charge and supervision of all the interests and activities of the Association and shall also exercise the following powers:

a. To control and supervise all investments, interests, and activities of the association whether in property or money.

b. To secure the economical and wise disbursements and expenditures of the funds of the Association and to safeguard from fraud or loss.

c. To enforce strict compliance with the provisions of the By-Laws.

d. To devise ways and means of raising funds for the Association and may authorize the collection of special contributions to meet urgent needs of the school.

e. To act as policy-making body of the Association.

f. To pass urgent resolutions for the benefit of the school or the Association

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itself.

g. To give disciplinary action to any officer or member of the Association found negligent and disinterested in the performance of his/her duties.

h. To appoint, qualify, or designate successors of incapacitated officers, whether permanent or acting, to serve for the unfinished term of his/her office. In the exercise of this power, a favorable vote of the majority of the members shall be sufficient to pass a valid act.

i. To encourage the attendance of any officer or member of the Board of Directors in its meeting.

j. To see to it that all reports required by law of the Association are properly accomplished.

k. To exercise such other powers not specified above as are believed proper and lawful for the efficient functioning of the Association.

ARTICLE V – WORKING COMMITTEE

Section 1. The officers of the Board of Directors shall be assisted in the administration and management of the PNHS PTA by working committees. The chairman and members of each committee shall be appointed by the President and BOD.

Section 2. Each working committee shall be composed of five (5) members appointed by the President and BOD for a term of two (2) years or until their successors are appointed and qualified. One of the members of the BOD shall act as the chairman. Other member will come from the Homeroom PTA Presidents and one (1) classroom adviser. The different committees to be formed are as follows:

a. Committee On Finance – The committee shall serve as the financial consultant of the Board and prepare budget allocation in every project of the association.

b. Programs and Projects Committee–The committee shall plan programs/activities/projects of the association for implementation.

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c. Audit and Supervisory Committee – The Auditor shall act as the chairman. The committee is responsible for internal control and installation of an adequate and effective counting system. The committee shall conduct internal audit and inventory of the assets and properties of the association.

d. Election Committee – The committee shall promulgate rules and regulation in the conduct of the election.

e. Grievance Committee – The committee shall consider and remedy member’s differences, complaints and resentments. It should be treated with the highest degree of respect and mediator should act with utmost professionalism.

ARTICLE VI – TERM OF OFFICE

Section 1. The term of office of all officers of the GPTECA shall be two ( 2 ) years. In the event that their successors have not been duly elected they shall continue to hold office until their successors have been elected.

Section 2. The term of office of all Homeroom PTECA Officers shall be yearly.

Section 3. Election of officers of the Association shall be held during the 4th Saturday after the opening of classes at a general meeting to be called for this purpose, that officers thus elected assume office after inducted into office.

Section 4. Elected officers of the Association shall have the right for a re-election when his/her term expires, provided said shall be a regular member upon termination of office.

ARTICLE VII – ELECTION AND MANNER OF VOTING

Section 1. Election of officers of the Association shall be conducted once in every 2 years at a general assembly meeting called for this purpose on the fourth Saturday after the opening of classes.

Section 2. Election of the incoming officers shall be conducted by an Election Board/Committee of the Association in the manner provided in the By-Laws.

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Section 3. Manner of Voting. Each member present shall be entitled to one vote. All voting shall be done by raising of hands, provided that if a member feels that raising of hands has not conclusively shown the decision of the majority voting and the same shall at the request of any member be made by ballot.

ARTICLE VIII – MEETINGS AND QUORUMS

Section 1. The annual meeting of the Association shall be held during the 4th Saturday after the opening of classes of each year.

Section 2. Regular meeting of the Board of Directors shall be held every last Friday of every month at the principal office of the association, that in the absence of important business as to be treated upon, the regular meeting may be suspended and convened in the next succeeding month.

Section 3. Special meeting of the Association as well as the Board of Directors shall be called any time by the President if and when necessary to discuss urgent matters that needs immediate solution/action. Special meetings may also be called by the secretary if and when demanded in writing by at least six interested officers/members of the Board. The place and date of the meeting shall be notified to all members by the secretary at least five (5) days before such meeting is to be held.

Section 4. Attendance of Meeting. If an officer or member of the Board cannot attend regular meeting he will send an excuse letter to the president or secretary of the Association. A penalty set for non-attendance of PTA officers without valid reason is as follows:

1st offense – P100.00 2nd offense – P200.00 3rd offense - P300.00

Section 5. QUORUM. At each annual, regular or special meeting of the Association and/or of the Board of Directors, one half of the members of the Association/Board plus one shall be necessary to constitute a quorum for the transaction of business. This requirement may be waived as regards the meeting of the Board of Directors in which case a simple majority of all the members thereof shall also be sufficient to transact a valid act.

Section 6. ADJOURNMENT. If less than a quorum shall be in attendance at the time a meeting shall have been called, the meeting shall be adjourned for a period of seven days (7) at the expiration of which, another call in

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writing is to be made or meeting continues but any approved agenda are unofficial. Agenda become official only after approval on the next meeting in which quorum was constituted.

 

ARTICLE IX – FEES, DUES AND CONTRIBUTIONS

Section 1. A membership fee/annual dues of One Hundred Ten (P110) pesos by the PTA Treasurer per parent - member basis regardless of the number of their children in school (Department Order No. 54 s. 2009 dtd June 1, 2009).

Section 3. All fees, dues and contributions accruing to the Association shall be collected and acknowledge by the Treasurer by issuing the official receipts of the Association prescribed for the purpose, noting thereon the name of the parent paying the fee, the name of his/her children in school year and section of the student(s)’ year for which the fee is paid, and date.

Section 4. The amount collected from membership fees/annual dues shall form and constitute the general fund of the Association and may be appropriated for expenditure thru a resolution of the Board of Directors.

Section 5. Fees, dues and contributions from members already paid and collected shall not for any reason be refunded or withdrawn.

Section 6: Cognizant of the need of an organization for adequate funds to sustain its operations, a duly recognized PTECA may collect voluntary financial contributions from members and outside sources to enable it to fund and sustain its operation and the implementation of its programs and projects exclusively for the benefit of the students and the school where it operates. The PTECA’s programs and projects shall be in line with the School Improvement Plan (SIP).

Section 7: The contributions should be a reasonable amount as may be determined by the PTA Board of Directors;

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Section 8: Non-payment of the contributions by the parent-member shall not be a basis for non-admission or non-issuance of clearance(s) to the child by the school concerned;

Section 9: The contributions shall be collected by the PTECA Treasurer on a per parent-member basis regardless of the number of their children in school;

Section 10: No collection of PTECA contributions shall be done during the enrollment period; and

Section 11: No teacher or any school personnel shall be involved in such collection activities.

ARTICLE X – FINANCIAL STATEMENT

Section 1: The books of accounts and other financial records of the PTA shall be made available for inspection by the School Head and/or the Division PTECA Affairs Committee at any time.

Section 2: An Annual Financial Statement signed jointly by the PTECA President, Treasurer and Auditor shall be submitted to the School Head not later than thirty (30) days after the last day of classes. Such financial statement shall be audited by an external and independent auditor, posted in the PTA Bulletin Board, and presented to the General Assembly during the next school year.

Section 3: The PTECA shall also submit to the School Head not later than November 30, a mid-school year financial statement report ending October 30 duly audited and signed by the members of the PTECA’s audit committee.

Section 4 : Failure to submit such financial statement report shall be a ground for the cancellation of the recognition of the PTECA by the Division PTA Affairs Committee upon the recommendation of the School Head.Section 5: For purposes of transparency and accountability, all documents pertaining to the operations of the PTECA shall be open to public examination.

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Section 6: PTECA are required to install a PTECA Bulletin Board outside of its office where announcements, approved resolutions, required reports and financial statements shall be posted.

ARTICLE XI – SAFEGUARDING OF FUNDS

Section 1. All funds of the Association not otherwise set aside for immediate expenditures shall be deposited in the name of the association with any of the reputable banking institutions to be chosen by the Board of Directors.

Section 2. Depositing and withdrawing of funds shall only be undertaken by the President and Treasurer of the Association, provided however, that application for deposits as well as withdrawal shall bear the signature of the Auditor and Adviser. Withdrawal to be made from the funds of the Association on deposits shall be authorized by the Board of Directors of the Association thru a resolution.

Section 3. Withdrawals of funds for the purposes of procurement of materials or payment of expenses incurred shall be done by properly/duly accomplishing a request form to be presented to the officers of the PTECA which will immediately act to release such amount observing proper procedure in the procurement/disbursement. 

ARTICLE XII – RULES

Section 1. Parliamentary proceedings and usages as set forth by Robert’s Rules of Orders shall be strictly observed in the conduct of all meetings.

Section 2. These By-Laws may be amended, repealed, or modified at any regular meeting of the Association by at least two-thirds vote of the members, provided that written notice of the proposed amendment or amendments shall have been given and furnished to the members at least five (5) days in advance of said meetings.

Section 3. The Board of Directors of the Association may also act on proposed amendments, provided however, that the action taken by the Board shall be subject to ratification by the members of the Association at a meeting called for the purpose in the manner provided in section 1 hereof. 

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XIII Prohibited Activities and Sanctions

a. PTECAs are prohibited from:a. Interfering in the academic and administrative management and

operations of the school, and of the DepED, in general;b. Engaging in any partisan political activity within school premises;c. Operating a canteen/school supplies store, or being a

concessionaire thereof inside the school or nearby premises, or offering these services to the school as its client either directly or indirectly;

d. Selling insurance, pre-need plans or similar schemes or programs to students and/or their parents; and

e. Such other acts or circumstances analogous to the foregoing.f. PTECA Officers and members of the Board of Directors are

prohibited from collecting salaries, honoraria, emoluments or other forms of compensation from any of the funds collected or received by the PTECA.

g. PTECAs shall have no right to disburse, or charge any fees as service fees or percentages against the amount collected pertinent to the School Publication Fee, Supreme Student Government (SSG) Developmental Fund and other club membership fees and contributions.

h. In no case shall a PTECA or any of its officers or members of the Board of Directors call upon students and teachers for purposes of investigation or disciplinary action. 

ARTICLE XIV – AMENDMENTS

This constitution may be amended by an affirmative vote of majority of the members meeting in plenary session for the purpose, provided, that the propose amendment be presented in writing at the previous meeting of the Association, and days prior to its consideration.

ARTICLE XV – EFFECTIVITY

This constitution shall take effect upon its ratification by majority of all the votes cast by members in the meeting called for.

Adopted this 25th day of August 2014 at Panikian National High School, Panikian, Carrascal, Surigao del Sur, Philippines.

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REMYSON C. TRUGILLO School Head

Sansen S. Geotina Gen. PTECA President